ANDREA v. E.I. DU PONT DE NEMOURS & CO.


289 A.D.2d 1039 (2001)

735 N.Y.S.2d 683

CHERYL ANDREA et al., Respondents, v. E.I. DU PONT DE NEMOURS & CO. et al., Defendants, and ARNONE, HEDIN, CASKER, KENNEDY AND DRAKE ARCHITECTS AND LANDSCAPE ARCHITECTS, P. C. (HABITERRA ASSOCIATES), et al., Appellants. (Action No. 1.). SHIRLEY DIETZ, Individually and as Parent and Natural Guardian of SCOTT FROST, et al., Respondents, v. JAMESTOWN PUBLIC SCHOOLS et al., Appellants, et al., Defendants. (Action No. 2.) ELDEN J. FRANCISCO et al., Individually and as Parents and Natural Guardians of CHRISTY FRANCISCO, et al., Respondents, v. JAMESTOWN PUBLIC SCHOOLS et al., Appellants, et al., Defendants. (Action No. 3.) KAREN SEEKINGS, Individually and as Parent and Natural Guardian of CHRISTINA TERRY, an Infant, Respondent, v. JAMESTOWN CITY SCHOOL DISTRICT et al., Defendants, and NICHTER CONSTRUCTION CO., INC., et al., Appellants. (Action No. 4.) (Appeal No. 2.)

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

Decided December 21, 2001.


Order unanimously reversed on the law without costs, motion denied and final order of dismissal of complaints against defendants Arnone, Hedin, Casker, Kennedy and Drake Architects and Landscape Architects, P. C. (Habiterra Associates), Hercules Incorporated and Lees Carpeting reinstated.

Memorandum:

Plaintiffs in these four negligence actions consolidated for discovery seek damages for personal injuries allegedly resulting from exposure to toxic materials...

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