Appellate Division of the Supreme Court of the State of New York March 8, 2011 (Osarczuk v. Associated Universities, Inc.)

*854The defendant, Associated Universities, Incorporated, operated the Brookhaven National Laboratory (hereinafter BNL) for 50 years, from 1947 until 1998. The instant action was commenced in 1996, inter alia, to recover damages for injury to property allegedly resulting from BNL’s emission, over several decades, of numerous nuclear and nonnuclear hazardous and toxic substances into the air,