New York Court of Appeals
In the Matter of Jeanne Steinhardt, as of James McKee, Jr. v. Johns-Manville Corporation, Respondents Stanley…
October 29, 198154 N.Y.2d 1008
Summary
The Court affirmed the Appellate Division, holding that under New York law the statute of limitations for asbestos injury claims accrues at the time of exposure, not at the time the disease is discovered, and therefore the plaintiffs' actions are time‑barred. The dissent argued that the discovery rule should apply and would have reversed the judgment.