New York Court Tosses Breach of Warranty, Fraudulent Misrepresentation Claims in Benzene Case

NEW YORK –– A New York state court has weighed in on the sufficiency of benzene personal injury claims, dismissing the plaintiff’s fraudulent misrepresentation and breach of warranty causes of action in part calling the claims “insufficient.”

In a March 13 order, however, the New York Supreme Court for New York County allowed the punitive damage claim to proceed.

Dean Battaglia asserted the claims, contending that he was exposed to benzene-containing products while employed from 1968 to 2017. Battaglia said that as a result of the exposure, he developed Acute Myeloid Leukemia.

The court’s order addressed a number of dismissal …