Blanco v. American Telephone & Telegraph Co.

223 A.D.2d 156, 646 N.Y.S.2d 99
CourtAppellate Division of the Supreme Court of the State of New York
DecidedAugust 1, 1996
StatusPublished
Cited by19 cases

This text of 223 A.D.2d 156 (Blanco v. American Telephone & Telegraph Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blanco v. American Telephone & Telegraph Co., 223 A.D.2d 156, 646 N.Y.S.2d 99 (N.Y. Ct. App. 1996).

Opinion

OPINION OF THE COURT

Milonas, J. P.

We are called upon to consider the plight of numerous plaintiffs with different or multiple kinds of repetitive stress injuries (RSI), allegedly caused over time by the use of data entry keyboards manufactured by one or more of the various defendants. In what is referred to as the "master decision” of [160]*160the IAS Court (a single discussion of the applicable law, with multiple orders), the overwhelming majority of the complaints were dismissed as time barred under CPLR 214 (167 Misc 2d 496). These plaintiffs appeal the dismissal of their complaints; in those cases where dismissal on Statute of Limitations grounds was denied, defendants appeal.

The main issue before us is to determine the applicable Statute of Limitations to these product liability personal injury actions. Defendants urge that the IAS Court correctly applied CPLR 214 (5), which provides that an action for personal injury must be commenced within three years of the accrual of the cause of action, i.e., the date of the injury. Plaintiffs urge that CPLR 214-c applies, which provides that the three-year period under CPLR 214 does not begin to run until the discovery of the injury, where the injury is caused by "latent effects of exposure to any substance or combination of substances, in any form, upon or within the body” (CPLR 214-c [2]). This statute, often referred to as the "toxic tort” or "toxic substance” statute, defines exposure as "direct or indirect exposure by absorption, contact, ingestion, inhalation, implantation or injection.” (CPLR 214-c [1].) Subdivision (4) of CPLR 214-c adds another year to this three-year period where the cause of the injury is discovered at yet a later time, but within five years after the injury is discovered. A claim under this subdivision may require proof that the cause of injury was not discovered earlier because of limited "technical, scientific or medical knowledge” at the time.

We begin with the observation that RSI and related injuries present yet another class of injuries whose consequences are not readily manifest upon the actual injury itself. It was only as recently as 1986 that the Legislature, confronted with the inadequacy and inequity of the existing statute, CPLR 214— and the case law adhering to it — addressed the devastating effects of toxic and other harmful substances that invade the workplace and the home but whose consequences may not reveal themselves for many years. In enacting CPLR 214-c, and making it retroactive, with certain exceptions (CPLR 214-c [6]), the Legislature enabled countless individuals to recover for injuries sustained by exposure to such substances where the claims were otherwise time barred. Such a result is precisely what plaintiffs seek here.

We find that CPLR 214-c does not apply to the type of injuries alleged by the plaintiffs before us. Simply put, a keyboard is not a substance, toxic or otherwise. Plaintiffs’ [161]*161injuries were allegedly incurred by direct contact with a tangible object, not a substance, and the term "substance” was no more meant to encompass a piece of office equipment than it was meant to include any other ordinary product. While "substance” has been held to include natural as well as chemical substances (Di Marco v Hudson Val. Blood Servs., 147 AD2d 156), this conclusion, even if viewed as an expansion of the definition of the term, is hardly comparable to finding that an ordinary object may, for Statute of Limitations purposes, be deemed a substance. Nor does the 1992 amendment adding "implantation” to the definition of exposure, in order to bring breast implantation cases within the ambit of the statute, support this quantum leap (L 1992, ch 551, § 1). Indeed, the necessity for such amendment to include implants suggests the opposite.

While it is true that statutes such as CPLR 214-c, because they are remedial in nature, must be liberally interpreted (Rothstein v Tennessee Gas Pipeline Co., 87 NY2d 90, 96; Di Marco v Hudson Val. Blood Servs., supra, at 160) the construction urged by plaintiffs would effectively leave no "thing” excluded. If the term "substance” could apply to any object, CPLR 214 would be rendered essentially meaningless, and a so-called "discovery rule” would universally apply. This was surely not the intention of the Legislature.

The IAS Court, in concluding that CPLR 214-c was inapplicable, relied upon Wallen v American Tel. & Tel. Co., an unpublished decision affirmed by this Court for the reasons stated by the IAS Court (195 AD2d 417, lv denied 82 NY2d 659). Wallen involved a plaintiff similarly injured who had used defendant’s keyboard for over a decade and commenced an action for personal injuries more than three years after the onset of her symptoms and diagnosis. She claimed that she only learned the cause of her injuries shortly before commencing the action. The IAS Court in Wallen correctly found that CPLR 214-c was inapplicable because there was no contact with a substance within the meaning of the statute.

In concluding that CPLR 214 is the correct Statute of Limitations in the cases before us, our inquiry is not over. We must address the more difficult question of when a cause of action for RSI may be said to accrue such that it can be determined when the three-year period begins to run. In this respect, Wallen, while presenting a similar injury, is distinguishable, for although the IAS Court referred to the accrual of the action as "no later than the time that the injurious process first [162]*162manifests itself’ (emphasis added), it did not need to pinpoint precisely when the injury occurred — and therefore, the action accrued — because, by the plaintiff’s own admissions, her symptoms and diagnosis occurred more than three years before the commencement of the action.

The decisions of the Court of Appeals in Snyder v Town Insulation (81 NY2d 429) and Consorti v Owens-Corning Fiberglas Corp. (86 NY2d 449), however, impose a more restrictive interpretation than that advanced by Wallen (supra), and these cases are controlling with respect to accrual of causes of actions under CPLR 214. Both are toxic substance cases subject to CPLR 214 because the plaintiffs’ causes of action did not qualify for retroactive application of CPLR 214-c (see, CPLR 214-c [6]). Both cases hold that the three-year period under CPLR 214 begins to run with the introduction of, or initial contact with (by whatever means), the offending substance, regardless of the virtual certainty that the statutory period will have expired before the individual becomes aware that there has been any injury.

In Snyder (supra, at 431), the Court first explicitly stated that the "date of last exposure,” a date proposed by those plaintiffs as well as suggested here (in the guise of "last date of use”), may not be used as the date when the Statute of Limitations begins to run. This accrual date was patently wrong, said the Court, and had never been the law. Such a rule would effectively mean that, so long as exposure continued, the cause of action had not yet accrued, and there would never be a limitation on commencing an action. Such a result is incompatible with the very premise of Statutes of Limitation, which "embody an important policy of giving repose to human affairs” (Flanagan v Mount Eden Gen. Hosp., 24 NY2d 427, 429).

The Court then reaffirmed the principles pronounced 60 years ago in Schmidt v Merchants Desp. Transp. Co.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Miniero v. City of New York
15 Misc. 3d 432 (New York Supreme Court, 2007)
Quinn v. Thomas H. Lee Co.
61 F. Supp. 2d 13 (S.D. New York, 1999)
Pace v. International Business Machines Corp.
248 A.D.2d 690 (Appellate Division of the Supreme Court of New York, 1998)
Kelly v. NEC Technologies, Inc.
246 A.D.2d 433 (Appellate Division of the Supreme Court of New York, 1998)
Evans v. Key Tronic Corp.
991 F. Supp. 160 (W.D. New York, 1997)
Reese v. Key Tronic Corp.
990 F. Supp. 197 (W.D. New York, 1997)
Antholzner v. Key Tronic Corp.
990 F. Supp. 203 (W.D. New York, 1997)
Blanco v. American Telephone & Telegraph Co.
689 N.E.2d 506 (New York Court of Appeals, 1997)
Geressy v. Digital Equipment Corp.
980 F. Supp. 640 (E.D. New York, 1997)
Naples v. Acer America Corp.
970 F. Supp. 89 (D. Rhode Island, 1997)
Taylor v. International Business Machines Corp.
962 F. Supp. 722 (D. Maryland, 1997)
Martzloff v. City of New York
238 A.D.2d 115 (Appellate Division of the Supreme Court of New York, 1997)
Hayes v. International Business Machines Corp.
237 A.D.2d 254 (Appellate Division of the Supreme Court of New York, 1997)
Evans v. Visual Technology Inc.
953 F. Supp. 453 (N.D. New York, 1997)
Coughlin v. International Business Machines Corp.
225 A.D.2d 256 (Appellate Division of the Supreme Court of New York, 1996)
Wesley Thorn v. IBM
Eighth Circuit, 1996
Dorsey v. Apple Computers, Inc.
936 F. Supp. 89 (E.D. New York, 1996)
McCarson v. Sperry Rand Corp.
939 F. Supp. 156 (D. Connecticut, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
223 A.D.2d 156, 646 N.Y.S.2d 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanco-v-american-telephone-telegraph-co-nyappdiv-1996.