Cornell Ruling Is Cause For Experts' Concern

Law360, New York (May 1, 2014, 5:19 PM EDT) -- On March 27, 2014, in Cornell v. 360 W.51st St. Realty LLC (2014 NY Slip Op 02096), New York's Court of Appeals issued a ruling reversing an Appellate Division decision and sustaining the lower court's decision granting a defendant's motion to dismiss the plaintiff's complaint alleging personal injuries as a result of exposure to mold at the defendant's premises.

New York's highest court found that the conclusions of the plaintiff's expert did not satisfy the "specific causation" requirement under the controlling Parker test, which expanded the Frye rule and established specific causation requirements of experts in toxic tort matters.

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