Ordered that the order dated October 26, 1993 is affirmed, with costs to the defendant third-party plaintiff; and it is further,
Ordered that the appeal from the order dated September 21, 1993, is dismissed as academic, with two bills of costs to the third-party defendants Long Island Lighting Company and Dravo Corporation.
Because the plaintiff was first exposed to the defendant's product, a coal-tar product known as pitch, in 1956, any cause of action for damages that resulted from the plaintiff's exposure accrued in 1956. Therefore, this action, which was commenced in 1979, is time-barred (see, Snyder v. Town Insulation, 81 N.Y.2d 429; Schmidt v. Merchants Desp. Transp. Co., 270 N.Y. 287; Silverman v. North Shore Energy Savers, 202 A.D.2d 571).
Contrary to the plaintiff's contention, this Court, in a prior decision and order on motion dated August 19, 1993, did not hold that the Statute of Limitations defense could only be determined after a full trial on the issue. Rather, this Court deferred a ruling on the Statute of Limitations defense to the Supreme Court, which was free to determine the issue on a motion for summary judgment.
In light of the foregoing, the appeal of the defendant third-party plaintiff is academic. Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.