New York Court of Appeals

Eric C. Jensen, Respondents v. General Electric Company, Appellants

October 21, 199382 N.Y.2d 77

Summary

The Court held that New York's toxic‑tort discovery statute, CPLR 214‑c(2), bars damages actions based on continuing trespass and nuisance, and therefore dismissed those claims as time‑barred, but it affirmed that the statute does not preclude injunctive equitable relief. The decision reversed the Appellate Division’s reinstatement of the damages causes of action and remanded for further proceedings.