MARQUEZ v. CITY OF NEW YORK


48 A.D.3d 241 (2008)

850 N.Y.S.2d 449

RAYMOND MARQUEZ, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

Decided February 7, 2008.


Defendants did not meet their initial burden to establish their prima facie entitlement to summary judgment since they failed to offer admissible proof that refuted plaintiff's claim of a causal connection between his bladder cancer and the secondhand smoke (SHS) he allegedly inhaled while incarcerated in city jails between August 1998 and January 2001. In support of their argument that the scientific community has not accepted the proposition that a causal connection exists...

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