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ALLEN v. CONSOLIDATED EDISON OF N.Y.

Index No. 301631/12. Appeal No. 15666-15666A. Case Nos. 2021-02032, 2021-02054.

204 A.D.3d 401 (2022)

163 N.Y.S.3d 811

2022 NY Slip Op 02220

Tanita Allen, Appellant-Respondent, v. Consolidated Edison of New York et al., Respondents. BH 520 W 175, LLC, Third-Party Plaintiff-Respondent, v. Speedway Plumbing Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided April 5, 2022.

Attorney(s) appearing for the Case

Hach & Rose LLP, New York ( Andrew Laskin , of counsel) for appellant-respondent.

Mullholland, Minion, Davey, McNiff & Beyrer, Williston Park ( Eric N. Bailey , of counsel) for respondent-appellant.

Heidell, Pittoni, Murphy & Bach, LLP, New York ( Daniel S. Ratner , of counsel) for Consolidated Edison of New York, respondent.

White & McSpedon, P.C., New York ( Frances Norek Hatch , of counsel) for BH 520 W 175, LLC, respondent.

Lester Schwab Katz & Dwyer, LLP, New York ( Paul M. Tarr , of counsel) for 520 West 175 Street LLC and David Samson, respondents.

Concur—Webber, J.P., Singh, González, Kennedy, Higgitt, JJ.

Appeal from order, same court and Justice, entered on or about November 25, 2020, which, after a Frye hearing, precluded plaintiff from offering expert evidence as to the above theory of damages, unanimously dismissed, without costs, as subsumed in the appeal from the January 20, 2021 order.

The motion court properly precluded plaintiff's experts' testimony opining that exposure to natural gas or carbon monoxide, due to gas leaks in her apartment over a period of...

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