Toxic Tort Victory

June 15, 2015

London Fischer, through its partner, Virginia Goodman Futterman, and her team, successfully obtained summary judgment against a tenant in a residential high rise who claimed to have suffered injury from toxic fumes related to the installation of a wood floor in an adjacent apartment.  As a result of the purported exposure fumes from adhesive, plaintiff alleged to have sustained a condition known as Multiple Chemical Sensitivity (“MCS”) and Toxicant Induced Loss of Tolerance (“TILT”).  After extensive discovery, we moved on the basis of carefully developed factual and expert proof, including medical and engineering proof, and established to the Court’s satisfaction that plaintiff failed prove the necessary elements of a toxic tort in accordance with Parker v. Mobil Oil Corp., 7 N.Y.3d 434 (2006), let alone, causation and a scientific basis for a claim of injury.  Furthermore, the Court assessed plaintiff for back rent and set the matter down for a hearing to assess legal fees against the plaintiff in connection with the counterclaim for the rent owed.  A copy of the opinion may be viewed through the following link.