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NUNEZ v. NALCO COMPANY

Index No. 155519/17. Appeal No. 16370. Case No. 2022-01960.

209 A.D.3d 441 (2022)

176 N.Y.S.3d 241

2022 NY Slip Op 05603

Jose Luis Nunez et al., Respondents, v. Nalco Company, Appellant, et al., Defendant.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Seyfarth & Shaw LLP, New York ( James S. Yu of counsel), for appellant.

Tomkiel & Tomkiel, P.C., White Plains ( Stanley A. Tomkiel, III of counsel), for respondents.

Concur—Renwick, J.P., Oing, González, Mendez, Shulman, JJ.

Supplemental order, Supreme Court, New York County (Erika Edwards, J.), entered May 4, 2022, which, after a Frye hearing (Frye v United States, 293 F 1013 [DC Cir 1923]), denied defendant Nalco Company's motion to exclude the expert report and testimony of plaintiffs' expert, and denied Nalco's motion for summary judgment dismissing all claims against it, unanimously affirmed, without costs.

This action arises from personal injuries sustained by plaintiff...

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