ABUSIO v. CONSOL. EDISON CO. OF NEW YORK, INC.


238 A.D.2d 454 (1997)

656 N.Y.S.2d 371

John R. Abusio et al., Appellants, v. Consolidated Edison Company of New York, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 21, 1997


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The Supreme Court properly set aside the jury verdict awarding damages for emotional distress and/or future medical monitoring costs. Under the prevailing case law, in order to maintain a cause of action for fear of developing cancer or for future medical monitoring costs following exposure to a toxic substance like polychlorinated biphenyls (hereinafter PCBs), a plaintiff must establish both...

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