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Erani v. Flax

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1993
193 A.D.2d 777 (N.Y. App. Div. 1993)

Opinion

May 24, 1993

Appeal from the Supreme Court, Kings County (Ramirez, J.).


Ordered that the order is affirmed insofar as appealed from, with costs.

We find that summary judgment dismissing the complaint against all the defendants was properly granted. The plaintiffs allege that they have suffered emotional distress and mental anguish due to the negligence of the respondent BPC Management Corporation in leaving asbestos-containing materials in the basement of their store. However, the plaintiffs have not presented any clinical evidence that they have suffered asbestos contamination, and have not presented any medical evidence of emotional distress. Therefore, their cause of action is far too speculative, and must be dismissed (see, Conway v Brooklyn Union Gas Co., 189 A.D.2d 851; Rittenhouse v St. Regis Hotel Joint Venture, 180 A.D.2d 523). Rosenblatt, J.P., Miller, Eiber and Pizzuto, JJ., concur.


Summaries of

Erani v. Flax

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1993
193 A.D.2d 777 (N.Y. App. Div. 1993)
Case details for

Erani v. Flax

Case Details

Full title:EZRA ERANI et al., Appellants, v. CECELIA FLAX et al., Defendants, and BPC…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 24, 1993

Citations

193 A.D.2d 777 (N.Y. App. Div. 1993)
598 N.Y.S.2d 268

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