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In Re: World Trade Center Lower Manhattan Disaster Site Litigation

REPLY MEMORANDUM OF LAW in Support re:

18 Cited authorities

  1. Trans-Orient Marine v. Star Trading Marine

    925 F.2d 566 (2d Cir. 1991)   Cited 255 times
    Holding that a party may not "create a material issue of fact" by "disputing his own prior sworn testimony"

  2. Wetherill v. Eli Lilly & Co.

    89 N.Y.2d 506 (N.Y. 1997)   Cited 170 times   1 Legal Analyses
    Holding that " CPLR § 214–c's reference to ‘discovery of the injury’ was intended to mean discovery of the condition on which the claim was based and nothing more"

  3. Raynor v. Chrysler

    2011 N.Y. Slip Op. 8183 (N.Y. 2011)   Cited 86 times   1 Legal Analyses

    2011-11-15 In the Matter of Randy RAYNOR, Claimant, v. LANDMARK CHRYSLER et al., Appellants, et al., Respondent.Workers' Compensation Board, Respondent. Hamberger & Weiss, Rochester (Karen Darling and Ronald E. Weiss of counsel), for appellants. Eric T. Schneiderman, Attorney General, New York City (Steven C. Wu, Barbara D. Underwood and Benjamin N. Gutman of counsel), for Workers' Compensation Board, respondent. CIPARICK Hamberger & Weiss, Rochester (Karen Darling and Ronald E. Weiss of counsel)

  4. Alonzo M. v. Probation Dept

    72 N.Y.2d 662 (N.Y. 1988)   Cited 84 times
    Expressing concern that courts' inherent authority over their own records would be "dubious authority (upon which) to override so clear a legislative policy" set forth in a sealing statute

  5. Gaylord Whitney v. Quaker Chemical Corp.

    90 N.Y.2d 845 (N.Y. 1997)   Cited 46 times
    Holding that where plaintiff's symptoms "led him to make repeated visits to the hospital and the health center for treatment, to file a workers' compensation claim and to submit injury investigation reports to his employer" such "actions, together with plaintiff's statements and the documentary evidence of his diagnoses demonstrate that plaintiff had discovered the injury underlying his claims."

  6. Golod v. Hoffman La Roche

    964 F. Supp. 841 (S.D.N.Y. 1997)   Cited 42 times
    Noting that certain "reports [were] not hearsay, because they [were] offered not" for their truth, but for another purpose

  7. Fusaro v. Porter-Hayden Co.

    145 Misc. 2d 911 (N.Y. Sup. Ct. 1989)   Cited 50 times
    In Fusaro, the Court applied the two-injury rule to asbestos related diseases, holding that an earlier diagnosis of asbestosis did not bar a later claim of mesothelioma.

  8. Oeffler v. Miles, Inc.

    241 A.D.2d 822 (N.Y. App. Div. 1997)   Cited 27 times
    Finding early symptoms of pesticide exposure, including "sinus problems and nausea" that manifested immediately after noticing "awful" smell of pesticides and "headaches and blurred vision" that occurred within two to three months thereafter, sufficient to trigger statute of limitations

  9. In re World Trade Ctr. Disaster Site Litig.

    834 F. Supp. 2d 184 (S.D.N.Y. 2011)   Cited 5 times
    Expanding and explaining that order

  10. Cabrera v. Picker International, Inc.

    2 A.D.3d 308 (N.Y. App. Div. 2003)   Cited 12 times
    Finding symptoms too isolated or inconsequential to trigger statute of limitations where "[w]hile plaintiff complained of shortness of breath and had intermittent coughs, her physical activities were not affected"

  11. Rule 35 - Physical and Mental Examinations

    Fed. R. Civ. P. 35   Cited 2,462 times   6 Legal Analyses
    Providing no cost-shifting mechanisms

  12. Section 214-C - Certain actions to be commenced within three years of discovery

    N.Y. C.P.L.R. § 214-C   Cited 494 times   4 Legal Analyses
    Extending the limitations period in such cases by a year, running from the time that scientific knowledge of a causal relationship was established

  13. Section 104.61 - Limitation on civil actions

    28 C.F.R. § 104.61   Cited 5 times
    Explaining the limitations on civil actions