N.Y. Court Affirms Order Throwing out Some TCE Medical Monitoring Claims; Reinstates Others

ALBANY, N.Y. –– A New York appellate court has slightly modified a trial court order that dismissed some claims arising out of exposure to chemical trichloroethylene, finding that while some medical monitoring claims were properly tossed out, others should be reinstated.

In the Feb. 20 order, the New York Supreme Court, Appellate Division, 3rd Judicial Department held that because some of the request medical monitoring expenses arose out of connection with other claims, they could proceed.

International Business Machines owned a machine manufacturing facility in Broome County, N.Y., for nearly 80 years. During much of that time, it …