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Nonnon v. New York, City of

ELR Citation: 37 ELR 20154
Nos. No. 88, (N.Y., 06/27/2007)

New York 's highest court upheld a lower court decision denying a motion to dismiss individuals' lawsuit alleging that a city's negligence in creating and maintaining the Pelham Bay Landfill resulted in elevated levels of toxic substances that caused the individuals to develop acute lymphoid leukemia or Hodgkin's disease. The city's motion to dismiss was not converted to one for summary judgment. Hence, the individuals were not put on notice of their obligation to make a complete record and to come forward with any evidence that could possibly be considered.