JONES v. RIESE ORGANIZATION

7210, 105489/10.

93 A.D.3d 598 (2012)

941 N.Y.S.2d 117

2012 NY Slip Op 2387

CHARLES JONES, Appellant, v. THE RIESE ORGANIZATION, Doing Business as RIESE RESTAURANTS, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 29, 2012.


Plaintiff's current claim that ongoing emissions from a vertical exhaust flue outside his eighth-story window aggravated his preexisting respiratory condition is time-barred (see CPLR 214 [5]; 214-c [2]). Plaintiff contends that he first learned of the latent effects of exposure to the flue emissions in 2008. However, he alleged a health hazard related to this flue, which has operated continuously since 1990, in an action...

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