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Statute of limitations — New York
New York has a 3-year statute of limitations for toxic substance exposure claims under CPLR § 214-c from the date of discovery — one of the more favorable provisions nationally.
3 years from discovery of injury and PFAS connection
Filing venue
Where to File in New York
Federal PFAS claims are coordinated in MDL 2873 (In re: AFFF Products Liability Litigation) in the District of South Carolina (Charleston) before Judge Richard M. Gergel. New York has among the most active PFAS litigation in the nation, with Hoosick Falls and Petersburgh communities among the first U.S. populations to discover municipal PFAS contamination from industrial sources (Saint-Gobain/Honeywell). NY plaintiffs file into MDL 2873 for federal coordinated proceedings.
3M's $10.3 billion water utility settlement (December 2023) and the DuPont/Chemours/Corteva $1.185 billion settlement cover eligible public water systems nationwide. New York municipal water utilities near Stewart Air National Guard Base and other AFFF-using facilities are eligible. New York State also pursued separate state-law claims against PFAS manufacturers independent of MDL 2873.
New York's statute of limitations for personal injury is 3 years under CPLR § 214. For latent toxic exposure claims, CPLR § 214-c provides a discovery rule tolling until the claimant discovered (or reasonably should have discovered) the injury and its cause — critical for PFAS-linked cancers and diseases with long latency periods. New York also enacted a 2023 PFAS notification law requiring disclosure to affected residents.
Key New York PFAS contamination sources: Hoosick Falls (Saint-Gobain PFOA contamination of municipal supply — a landmark early PFAS case), Petersburgh (Taconic Plastics), Stewart Air National Guard Base (Newburgh, Orange County — PFAS in City of Newburgh drinking water), Gabreski Airport (Southampton, Long Island), former Plattsburgh AFB (Clinton County), Griffiss Business and Technology Park (Rome, Oneida County), and numerous Long Island groundwater plumes.
New York data
Exposure in New York
Hoosick Falls, NY was contaminated by PFOA from Saint-Gobain's performance plastics facility (which used DuPont-supplied PFOA). The 2021 settlement of $65M covered a defined community; individuals with post-settlement diagnoses should evaluate new claims.
Hoosick Falls — DuPont Saint-Gobain PFOA contamination settled for $65 million; new diagnoses in residents who lived near the Saint-Gobain manufacturing facility may support additional individual claims
Source: Hoosick Falls PFOA Settlement, N.D.N.Y. 2021
Newburgh's Washington Lake — the city's primary municipal water source — was contaminated by PFAS from Stewart Air National Guard Base AFFF operations. PFAS detected at 140 ppt in 2016 prompted an emergency switch to the New York City Catskill Aqueduct system.
Newburgh NY — Stewart ANGB contaminated Newburgh's municipal water supply; city switched to an alternative water source in 2016 after PFAS detected at 140 ppt in Washington Lake
Source: Orange County Health Department; Newburgh Water Contamination Reports 2016–2022
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