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CASSON v. CITY OF NEW YORK

269 A.D.2d 285 (2000)

703 N.Y.S.2d 134

GERALD CASSON et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. RICHARD DENARO, Appellant, v. CITY OF NEW YORK et al., Respondents. ANTHONY IAQUINTO, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. RAUL JIMINEZ-CINTRON et al., Appellants, v. CITY OF NEW YORK et al., Respondents. RONALD KENNEDY et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. ROBERT A. MARTZLOFF et al., Appellants, v. CITY OF NEW YORK et al., Defendants, and MINE SAFETY APPLIANCES COMPANY, Respondent. RICHARD MOLLOY et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. JOHN McCORMACK, Appellant, v. CITY OF NEW YORK et al., Respondents. EDWARD MUNDY et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. ELIZABETH MURPHY, Appellant, v. CITY OF NEW YORK et al., Respondents. THOMAS A. ROSA, Appellant-Respondent, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent. MICHAEL SILEO et al., Appellants-Respondents, v. CITY OF NEW YORK, Respondent-Appellant, and MINE SAFETY APPLIANCES COMPANY, Respondent.

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

Decided February 22, 2000.

These 12 consolidated appeals all arise out of the hearing loss and related injuries allegedly suffered by plaintiffs, current and former members of the New York City Police Department, as a result of their exposure to the sound of gunfire at Police Department firing ranges and the lack of adequate protective devices. As this Court has already determined upon an identical set of facts, "sound" is not a "substance" within the meaning of CPLR 214-c, and therefore plaintiffs...

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