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.