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NONNON v. CITY OF NEW YORK

32 A.D.3d 91 (2006)

819 N.Y.S.2d 705

PATRICIA NONNON, Individually and as Executrix of KERRI NONNON, Deceased, et al., Respondents, v. CITY OF NEW YORK, Appellant. (And Other Actions.)

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

June 6, 2006.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth S. Natrella, Pamela Seider Dolgow, Christopher G. King, Matthew J. Maiorana and Leonard Koerner of counsel), for appellant.

Profeta & Eisenstein, New York City (Fred R. Profeta, Jr. of counsel), and Shandell, Blitz, Blitz & Bookson, LLP, New York City, for respondents.

SAXE and CATTERSON, JJ., concur with MAZZARELLI, J.P.; ANDRIAS and WILLIAMS, JJ., dissent in a separate opinion by ANDRIAS, J.

OPINION OF THE COURT

MAZZARELLI, J.P.

In this toxic tort litigation concerning the Pelham Bay landfill, we hold that the reports and findings of the expert epidemiologists and toxicologists satisfy the standard employed in Frye v United States (293 F 1013 [DC Cir 1923]), that of general acceptance in the scientific community. To hold otherwise would deny redress to these plaintiffs, who are living in an area...

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