Latham & Watkins LLP, Boston, Massachusetts ( Kenneth J. Parsigian of counsel), for respondent.
Product Liability Advisory Council, Inc., Reston, Virginia ( Hugh F Young, Jr. , of counsel), Reed Smith LLP, New York City ( Daniel K. Winters of counsel), Reed Smith LLP, Philadelphia, Pennsylvania ( James M. Beck of counsel), and Reed Smith LLP, Pittsburgh, Pennsylvania ( David J. Bird of counsel), for Product Liability Advisory Council, Inc., amicus curiae.
Kelner & Kelner, New York City ( Joshua D. Kelner of counsel), for American Legacy Foundation and another, amici curiae.
Court of Appeals of New York.
OPINION OF THE COURT
PIGOTT, J.
The United States Court of Appeals for the Second Circuit has asked us to determine whether this State recognizes an independent equitable cause of action for medical monitoring and, if so, what the elements, appropriate statute of limitations and accrual date are for that particular cause of action.
I
Plaintiffs, who are all over the age of 50, are current and...
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