Is a statute of repose sufficient to block causes of action before they even accrue?

"New York", United States of America

The following excerpt is from Tanges v. Heidelberg North America, Inc., 687 N.Y.S.2d 604, 710 N.E.2d 250, 93 N.Y.2d 48 (N.Y. 1999):

The extra theoretical consequence of statutes of repose practically blocks causes of action before they even accrue. Thus, they exhibit a substantive texture, nature and consequence that distinguishes them from ordinary limitation provisions. In the vernacular of conflict of laws analysis, statutes of repose envelop both the right and the remedy (see, Hulbert v. Clark, supra, 128 N.Y., at 297, 28 N.E. 638; see also, 4 American Law of Products Liability 3d 47:55, at 89). The weight of authority thus accords with the conclusion that this important theoretical and practical quality pushes statutes of repose over into the substantive law class (see, 4 American Law of Products Liability 3d 47:55, at 89, for collected authorities).

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