B.T.N. v. AUBURN ENLARGED CITY SCHOOL DISTRICT


45 A.D.3d 1339 (2007)

845 N.Y.S.2d 614

B.T.N., an Infant, by His Mother and Natural Guardian, DEBORAH L. NETTI, et al., Respondents, v. AUBURN ENLARGED CITY SCHOOL DISTRICT, Appellant.

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

Decided November 9, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Defendant appeals from an order that, inter alia, denied its motion for summary judgment dismissing the complaint in this toxic tort action. In support of its motion, defendant contended plaintiffs cannot meet the Frye test inasmuch as they cannot establish, based on generally accepted scientific principles, that their exposure...

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