ANNUNZIATO v. CITY OF NEW YORK


33 A.D.3d 950 (2006)

824 N.Y.S.2d 115

ROCKY ANNUNZIATO et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 1.) RICHARD CASPARIE et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 2.) ALICE STENSLAND et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 3.) ROBERT DADONNA et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 4.) JOHN E. MIESEGAES, Respondent, v. CITY OF NEW YORK, Appellant. (Action No. 5.) JOHN E. MIESEGAES et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 6.) VINCENT ACIERNO et al., Respondents, v. CITY OF NEW YORK, Appellant. (Action No. 7.)

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

Decided October 31, 2006.


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

The plaintiffs and their decedents in these seven related actions all live or lived near the New York City Brookfields and/or Fresh Kills landfills in Richmond County, and allege in their complaints that exposure to carcinogens from the landfills caused them to contract various diseases, including leukemia, Hodgkins' disease, and cancer. The City appeals from the denial of those branches of its...

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