| |
| | DIANE BLANCO, APPELLANT, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, ET AL., DEFENDANTS, INTERNATIONAL BUSINESS ... (Site not responding. Last check: ) |
 | | Based upon Wallen, the court ruled that accrual in RSI cases is measured from the onset of the plaintiff's symptoms without requiring a diagnosis of their cause. |
 | | While the Appellate Division found our toxic tortscases to be controlling, it also held that CPLR 214 c (providing a discovery rule in toxic torts cases) was inapplicable. |
 | | Statutes of limitations were "designed to promotejustice by preventing surprises through the revival of claims that have been allowed to slumber until evidence has been lost, memories have faded, and witnesses have disappeared" (Order of Railroad Telegraphers v Railway Express Agency, Inc., 321 US 342, 348-49). |
| www.law.cornell.edu /nyctap/I97_0201.htm (3985 words) |
|