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
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