New York Court of Appeals

Nathan C. Schwartz v. Heyden Newport Chemical Corporation

January 23, 196312 N.Y.2d 212

Summary

The New York Court of Appeals affirmed the dismissal of the complaint, holding that the statute of limitations barred the plaintiff's negligence, warranty, and fraud claims because the causes of action accrued at the time of the alleged wrongful act, not when the injury was discovered. The dissent argued that a discovery rule should apply and urged allowance of an amended complaint.