OSARCZUK v. ASSOCIATED UNIVERSITIES, INCORPORATED

2010-01532.

82 A.D.3d 853 (2011)

918 N.Y.S.2d 538

BARBARA OSARCZUK et al., Respondents, v. ASSOCIATED UNIVERSITIES, INCORPORATED, Commonly Known as BROOKHAVEN NATIONAL LABORATORY, Appellant. (And a Third-Party Action.)

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

Decided March 8, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, with costs, and the plaintiffs' renewed motion for class action certification is denied in its entirety.

The defendant, Associated Universities, Incorporated, operated the Brookhaven National Laboratory (hereinafter BNL) for 50 years, from 1947 until 1998. The instant action was commenced in 1996, inter alia, to recover damages for injury to property...

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