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Kingstone Wins Lead Poisoning Case in Appellate Division
The Third Department, Appellate Division, ruled in favor of Kingstone’s insured defendant in the case of Vasilatos v. Dzamba. NYIA filed an amicus brief in this appeal. Vasilatos arose out of a lawsuit brought in Albany County Supreme Court for damages sustained from lead poisoning that allegedly occurred 24 years prior to the suit when plaintiff ingested lead paint from the defendants’ apartment. Defendants moved to dismiss the complaint on the ground that the statute of limitations barred the lawsuit. Plaintiff contended that the statute of limitations did not begin to run until plaintiff discovered her injuries were caused by lead paint. Defendants and NYIA argued that, in the case of toxic torts such as lead poisoning cases, the time period for when the statute of limitations begins is when the condition or symptom is discovered, or reasonably should have been discovered, not when the injured party discovers the specific cause of the condition or symptom.