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SCHEIDEL v. A.C. & S., INC.

175 Misc.2d 413 (1997)

669 N.Y.S.2d 148

Victor R. Scheidel et al., Plaintiffs, v. A.C. and S., Inc., et al., Defendants.

Supreme Court, Albany County.

November 28, 1997

Attorney(s) appearing for the Case

Baron & Budd, New York City (Roberta E. Ashkin of counsel), for plaintiffs. Iseman, Cunningham, Reister & Hyde, L. L. P., Albany (Linda J. Clark of counsel), for Anchor Packing Company and another, defendants.

JOHN G. LEAMAN, J.

Before this court is a motion by 21 of the defendants in this asbestos-related litigation to dismiss the plaintiffs' complaint upon the ground that the action was commenced beyond the applicable three-year Statute of Limitations as contained in CPLR 214-c (2).

A significant case in the area of mass tort toxic exposure litigation limitation periods is Wetherill v Eli Lilly &...

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