Gushue v. Estate of Levy

Appellate Division of the Supreme Court of New York

Gushue v. Estate of Levy

118 A.D.3d 415, 986 N.Y.S.2d 478

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 3, 2014

StatusPublished

Cited by1 cases

This text of 118 A.D.3d 415 (Gushue v. Estate of Levy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gushue v. Estate of Levy, 118 A.D.3d 415, 986 N.Y.S.2d 478 (N.Y. Ct. App. 2014).

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Opinion

Order, Supreme Court, New York County (Jeffrey K. Oing, J), entered September 28, 2012, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, without costs.

Plaintiff claims that she developed Parkinson’s disease due to exposure to manganese fumes. However, plaintiff failed to raise a triable issue of fact to rebut defendants’ prima facie showing that there is no general causation (see Cornell v 360 W. 51st St. Realty, LLC, 22 NY3d 762 [2014]). The scientific evidence indicates that manganese exposure can indeed cause a related but distinct disorder called manganese-induced Parkinsonism, or manganism, but it does not show that manganese exposure can lead to the specific injury claimed, Parkinson’s disease.

Concur—Saxe, J.E, Moskowitz, DeGrasse, Feinman and Clark, JJ.

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Order, Supreme Court, New York County (Jeffrey K. Oing, J), entered September 28, 2012, which granted defendants’ motion for summary judgment dismissing plaintiff’s complaint, unanimously affirmed, without costs.

Plaintiff claims that she developed Parkinson’s disease due to exposure to manganese fumes. However, plaintiff failed to raise a triable issue of fact to rebut defendants’ prima facie showing that there is no general causation (see Cornell v 360 W. 51st St. Realty, LLC, 22 NY3d 762 [2014]). The scientific evidence indicates that manganese exposure can indeed cause a related but distinct disorder called manganese-induced Parkinsonism, or manganism, but it does not show that manganese exposure can lead to the specific injury claimed, Parkinson’s disease.

Concur—Saxe, J.E, Moskowitz, DeGrasse, Feinman and Clark, JJ.

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Bluebook (online)

118 A.D.3d 415, 986 N.Y.S.2d 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gushue-v-estate-of-levy-nyappdiv-2014.

Opinion

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