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MARTINS v. LITTLE 40 WORTH ASSOCIATES, INC.

2389, 123051/02, 591095/04

72 A.D.3d 483 (2010)

899 N.Y.S.2d 30

ATINSOLA MARTINS et al., Plaintiffs, v. LITTLE 40 WORTH ASSOCIATES, INC., et al., Defendants/Third-Party Plaintiffs-Appellants. PARTNERS CLEANING, LLC, Third-Party Defendant-Respondent. PARTNERS CLEANING, LLC, Second Third-Party Plaintiff-Respondent, v. TWI-LAQ INDUSTRIES, INC., Second Third-Party Defendant-Respondent, and CHEMICAL SPECIALTIES MANUFACTURING CORPORATION, Second Third-Party Defendant-Appellant.

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

Decided April 8, 2010.

Plaintiff claimed to have sustained asthma and exposure to hazardous chemical fumes from the shampoo used to clean carpets at his place of employment. The product, Formula 161, was manufactured by Chemical Specialties and distributed by Twi-Laq.

To establish a relationship between an individual's illness and a toxin suspected of causing such illness, a plaintiff must establish (1) his level of exposure to the toxin; (2) general causation—that the toxin could...

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