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Judge Eileen Rackower, Supreme Court New York County, granted summary judgment to a sub contractor represented by Francesca A. Sabbatino, who performed floor installation during the renovation of the Cardiology Department at Mt. Sinai Medical Center. The plaintiff, a Mt. Sinai employee, claimed she was exposed to unspecified toxins during the renovation and brought an action against the general contractor and each of the sub contractors. Plaintiff alleged that she sustained severe respiratory injuries which rendered her completely disabled resulting in an early disability retirement.
The defense attacked plaintiff’s claims in two phases. First, Ms. Sabbatino filed a motion challenging plaintiff’s Bill of Particulars arguing that plaintiff failed to identify the specific toxin which caused her injuries or the specific period of exposure. The Court agreed and granted the motion directing plaintiff to amend her Bill of Particulars and commit to a specific theory of liability. Ms. Sabbatino then filed a pre deposition motion for summary judgment in which she proved that the products used by her client at the job site did not contain the toxin which allegedly caused her injury and that her client did not perform work within the specific exposure period. The Court granted summary judgment dismissing the plaintiff’s claims and all cross claims.
Francesca Sabbatino Wins Summary Judgment in Toxic Exposure Claim