MRI Broadway Rental, Inc. v. United States Mineral Products Co.

704 N.E.2d 550, 92 N.Y.2d 421, 681 N.Y.S.2d 783, 1998 N.Y. LEXIS 4042
CourtNew York Court of Appeals
DecidedNovember 24, 1998
StatusPublished
Cited by35 cases

This text of 704 N.E.2d 550 (MRI Broadway Rental, Inc. v. United States Mineral Products Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MRI Broadway Rental, Inc. v. United States Mineral Products Co., 704 N.E.2d 550, 92 N.Y.2d 421, 681 N.Y.S.2d 783, 1998 N.Y. LEXIS 4042 (N.Y. 1998).

Opinion

[424]*424OPINION OF THE COURT

Wesley, J.

For over 60 years, this Court has held that a cause of action in a toxic exposure case accrues upon initial exposure to the toxic substance. While the Legislature has chosen to temper the effect of this rule through the adoption of a discovery statute for certain toxic torts (see, CPLR 214-c), that statute did not change this Court’s basic definition of injury for Statute of Limitations purposes.

In this case, plaintiff, the owner of a Manhattan building, seeks damages for the cost of performing abatement work on asbestos fireproofing that was installed when the building was constructed. Consistent with our long line of precedents, we hold that, for Statute of Limitations purposes, plaintiffs injury occurred when the asbestos-containing material was installed. Plaintiffs cause of action was therefore properly dismissed by the Appellate Division.

Plaintiff MRI Broadway Rental, Inc. (MRI) is the owner of an office building at 1633 Broadway in New York City. Construction of the building was completed in 1971. Asbestos-containing materials, particularly fireproofing and insulation, were used throughout. MRI purchased the building from a consortium of banks in 1976, at which time, and continuing to the present day, Paramount Group, Inc. (PGI) was retained to [425]*425act as the managing agent. While PGI denied having any specific knowledge at the time that asbestos fireproofing had been used in the building, there was growing general awareness that many New York City office buildings had asbestos problems. The dangers inherent in products utilizing friable asbestos,

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Bluebook (online)
704 N.E.2d 550, 92 N.Y.2d 421, 681 N.Y.S.2d 783, 1998 N.Y. LEXIS 4042, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mri-broadway-rental-inc-v-united-states-mineral-products-co-ny-1998.