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New York Civil Litigation Review

Tag Archives: Frye

First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment:

Posted in Toxic Torts

In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims, granting summary judgment to the Board of Education of the City of New York (Board of Ed.), because Plaintiffs’ expert failed to quantify Plaintiffs’ exposure… Continue Reading

Forces of Labor Defense in Erb’s Palsy cases…to be continued?

Posted in Birth Injuries

Over the last several months, personal injury plaintiff blogs have been all agog over a recent 4th Department case in New York that precluded, based on pre-trial motions, obstetrical defendants from utilizing a ‘forces of labor’ defense at trial, commenting on same as a “novel theory.”  The plaintiff blogs have been far less kind, labeling… Continue Reading