New York Law on Extending the Statute of Limitations for Latent Injury Claims


The New York Court of Appeals, New York's highest court, recently provided important guidance on the question of whether an injury that occurred "mere hours" after exposure to a product can be deemed "latent" and thereby give the plaintiff an extension on the statute of limitations for his delayed discovery of the cause of the injury. In Giordano v. Market America, Inc. - - N.Y. 3d - -, - - NYS 2d - -, 2010 Slip Op 08382 (November 18, 2010), a hotly-contested 4 to-3 decision, the Court of Appeals answered in the affirmative a question certified to it by the United States Court of Appeals for the Second Circuit and held that the plaintiff could be allowed to show that he could not have discovered the cause until 4 years after he was injured.

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