N.Y. Court Dismisses Breach of Warranty Claim as Time-Barred in Benzene MDS Suit
May 12, 2021
NEW YORK –– A New York trial court has dismissed a breach of warranty claim asserted in a benzene exposure lawsuit, finding that the former autobody shop worker’s claim was time barred by 25 years.
In an April 8 decision, the New York Supreme Court for New York County further opined that while it is declining to dismiss the punitive damage claim asserted by the plaintiffs, the bar remains high and the “likelihood that the plaintiffs can meet their evidentiary burden on punitive damages at a later phase is slim.”
The plaintiffs allege in their complaint that Marinel Lotrean was …