N.Y. Court Allows Benzene Claims to Proceed, Limits Breach of Implied Warranty Cause of Action

NEW YORK –– A New York court has rejected challenges to a benzene personal injury lawsuit, finding that the plaintiffs’ amended complaint asserted facts sufficient to support breach of implied warranty, fraudulent misrepresentation, and punitive damage claims.

In the May 6 order, the New York Supreme Court for Kings County did limit the breach of implied warranty claims to benzene-containing products delivered prior to April 10, 2015.

Plaintiff Catherine Pellegrino asserted the claims on behalf of the estate of Salvatore Pellegrino, her husband, contending that the decedent was exposed to benzene-containing products, including penetrating solvents, adhesives, and degreasers.

Pellegrino allegedly …