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New York Partner Wins Summary Judgment in Toxic Exposure Case

New York partner Andrew Sapon successfully obtained summary judgment for a building management client in a lawsuit filed in Kings County Court in Brooklyn, New York for a case alleging the plaintiff was exposed to carbon monoxide fumes.

The plaintiff, a tenant of the apartment building owned and managed by our client, alleged she was continuously exposed throughout a 3-month period to toxic fumes emanating from a defective clothes dryer in 2014. She claimed also that her many disparate illnesses caused by the carbon monoxide exposure related to the same dryer.

Andrew successfully argued that the plaintiff had not offered any generally accepted expert medical or scientific opinion to link her illnesses to the toxic fumes. He also pointed to a lack of evidence to prove any quantifiable exposure to establish that the injuries complained of were caused by said repeated exposure. The court agreed with Andrew’s assessment and granted his motion for summary judgment.

Andrew’s practice focuses on toxic tort litigation. He has been involved in the defense of asbestos cases in both Federal and State courts since 1990, representing a wide range of defendants from Fortune 500 companies, domestic and foreign product manufacturers, contractors, distributors and suppliers as well as property owners and retailers. Andrew has extensive experience with other toxic exposure claims including mold, carbon monoxide, dimethylformamide (DMF), benzene, formaldehyde, electromagnetic radiation (EMF), pressure-treated wood (CCA), sick building and chemical sensitivity cases.