WILSON v. CITY OF NEW YORK


7 A.D.3d 266 (2004)

775 N.Y.S.2d 527

JAMES WILSON, Respondent-Appellant, v. CITY OF NEW YORK ET AL., Defendants, METROPOLITAN TRANSPORTATION AUTHORITY ET AL., Appellants-Respondents, and ETS CONTRACTING, INC., Respondent and Third-Party Plaintiff-Respondent. HYGIENETICS ENVIRONMENTAL SERVICES, INC., Third-Party Defendant-Appellant, and NORTHERN VALLEY CONTRACTING COMPANY, INC., Third-Party Defendant-Respondent. METROPOLITAN TRANSPORTATION AUTHORITY ET AL., Second Third-Party Plaintiffs-Appellants-Respondents, v. CASALINO INTERIOR DEMOLITION CORP., Second Third-Party Defendant-Respondent, and HYGIENETICS ENVIRONMENTAL SERVICES, INC., Second Third-Party Defendant-Respondent-Appellant. (Action No. 1.) WALTER HAGINS ET AL., Respondents-Appellants, v. CITY OF NEW YORK ET AL., Defendants, METROPOLITAN TRANSPORTATION AUTHORITY ET AL., Appellants-Respondents, and ETS CONTRACTING, INC., Respondent. (And Other Actions.) (Action No. 2.) KRZYSTZOF BELZEK, Respondent-Appellant, v. ETS CONTRACTING, INC., Respondent, and LEHRER McGOVERN BOVIS, INC., Appellant-Respondent. (And Other Actions.) (Action No. 3.) RYSZARD KRUZYNSKI, Respondent-Appellant, v. ETS CONTRACTING, INC., Respondent, and LEHRER McGOVERN BOVIS, INC., Appellant-Respondent. (And Other Actions.) (Action No. 4.)

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

May 4, 2004.


Plaintiffs, burners or burners' helpers, employed by third-party defendant Casalino to cut steel beams with acetylene torches, allege that, due to the improper abatement of steel painted with lead-based paint, they developed lead poisoning from exposure to fumes. The parties' various motions and cross motions were correctly decided. The circumstances here lack the character of spite, malice or evil motive required to sustain claims of punitive damage in a tort action (

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