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DeLUCA v. TONAWANDA COKE CORPORATION

1340 CA 15-00297.

134 A.D.3d 1534 (2015)

22 N.Y.S.3d 768

2015 NY Slip Op 09739

MARY DELUCA, Individually, and As Class Representative, et al., Respondents, v. TONAWANDA COKE Corporation et al., Defendants. (Appeal No. 1.).

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

Decided December 31, 2015.

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

Memorandum: Mary DeLuca (plaintiff) commenced this action, individually and on behalf of purported classes of personal injury plaintiffs seeking damages caused by defendants' negligent release of chemicals into the atmosphere. In appeal No. 1, Tonawanda Coke Corporation, the Estate of J.D. Crane, deceased, and Mark Kamholz (defendants) appeal from an order that, inter alia...

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