WARD v. LINCOLN ELEC. CO.

12227 300931/12

116 A.D.3d 558 (2014)

983 N.Y.S.2d 718

2014 NY Slip Op 2668

HENRY A. WARD, Respondent, v. LINCOLN ELECTRIC COMPANY, Appellant.

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

Decided April 17, 2014.


In this action for injuries related to the latent effect of exposure to a toxic substance, the statute of limitations began to run when plaintiff discovered the primary condition on which his claim is based, and not when he discovered the causation connection to the toxic substance (Matter of New York County DES Litig., 89 N.Y.2d 506 [1997]).

Plaintiff's uncertified medical records...

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