Represented School District in Alleged “Sick Building” Case

Hodgson Russ represented a school district in an alleged “sick building” case commenced by a group of students and teachers against contractors and manufacturers where plaintiffs sought to recover damages for illnesses allegedly caused by exposures to hazardous substances upon return to school following a renovation project.  Our attorneys successfully argued a novel interpretation of CPLR 205(a) on appeal to the Appellate Division, which reversed the lower court’s denial of motions to dismiss the complaint for repeated failure of plaintiff to comply with court-ordered discovery.  We also defended plaintiff’s appeal of Appellate Division’s Order to the Court of Appeals, which affirmed this dismissal based on the CPLR 205(a) argument.