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FLYNN v. TURNER CONSTRUCTION CO.

5120. 113859/11. 590270/13.

156 A.D.3d 415 (2017)

66 N.Y.S.3d 468

2017 NY Slip Op 08472

MARTIN FLYNN, Respondent, v. TURNER CONSTRUCTION COMPANY et al., Respondents, and LVI SERVICES, INC., Appellant. TURNER CONSTRUCTION COMPANY et al., Third-Party Plaintiffs-Respondents, v. FIVE STAR ELECTRIC CORP., Third-Party Defendant, and LVI SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided December 5, 2017.

LVI failed to establish prima facie that plaintiff was not exposed to toxins at sufficient levels to cause his claimed respiratory illness (see Parker v Mobil Oil Corp., 7 N.Y.3d 434, 448 [2006]). The record contains ample evidence of plaintiff's exposure to toxins at the construction site, and LVI's expert did not opine that those toxins were not capable of causing plaintiff's respiratory...

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