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NONNON v. CITY OF N.Y.

Nos. 4698, 4699, 4700, 4701, 4701A, 4701B, 4701C, 4701D, 4701E, 8576/91, 12648/91, 16388/92, 15687/92, 20800/92, 15474/92, 233354/92, 14920/92, 22410/92.

88 A.D.3d 384 (2011)

932 N.Y.S.2d 428

2011 NY Slip Op 6463

PATRICIA NONNON et al., Respondents, v. CITY OF NEW YORK, Appellant. (And Other Actions.)

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

Decided September 15, 2011.

Attorney(s) appearing for the Case

Mauro Lilling Naparty, LLP, Great Neck ( Richard J. Montes , Barbara D. Goldberg , and Mitchel Ashley of counsel), for respondents.

Michael A. Cardozo , Corporation Counsel, New York City ( Scot C. Gleason , Elizabeth S. Natrella , Leonard Koerner , Christopher G. King , and Carrie Noteboom of counsel), for appellant.

MAZZARELLI, J.P., SWEENY, RENWICK and RICHTER, JJ., concur.

OPINION OF THE COURT

MANZANET-DANIELS, J.

These consolidated actions are for personal injuries and wrongful deaths allegedly arising from plaintiffs' exposure to hazardous substances emanating from the Pelham Bay landfill in the Bronx. On a previous appeal, affirming the denial of defendants' motions to dismiss, inter alia, for failure to state a cause of action, we determined that plaintiffs' expert evidence did not require that a hearing be held in accordance...

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