New York Court of Appeals
Matter of Ny County Des Litig.
February 11, 199789 N.Y.2d 506
Summary
The Court held that under CPLR 214-c(2) the discovery of an injury occurs when the plaintiff discovers the primary physical condition, not when she discovers the toxic cause, and therefore the three‑year limitations period began before the plaintiff filed suit, rendering the action time‑barred.