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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)

Citation
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Parent Document
Kent v. 534 East 11th Street, 80 A.D.3d 106 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-28

Other Sections in This Document (44)

Full Text

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In December 2008, the defendants moved for summary judgment dismissing the complaint, or an order compelling the plaintiff to provide initial environmental testing results and to submit to a physical examination. The defendants also sought, inter alia, an order striking plaintiffs health ailments on the grounds that her complaint was not a personal injury action. The defendants argued that the action was barred by the statute of limitations, that there was a lack of causation between alleged toxic chemicals and plaintiffs complaints, that there was no proof that the plaintiff was exposed to any particular amount of toxic elements, and no proof of what the toxic elements were or whether there were sufficient quantities to cause harm.