United States Second Circuit

In an action brought by plaintiff-cleaning workers who purportedly were exposed to toxic contaminants while working in buildings on the periphery of the World Trade Center site following the attacks, dismissal of claims of 211 plaintiffs for answering "none" to an interrogatory asking them to identify "diagnosed" conditions, injuries, and diseases for which they were seeking recovery, and claims of 31 plaintiffs for failure to prosecute, is: 1) vacated and remanded with respect to the grant of summary judgment dismissing the claims of the 211 plaintiffs, where the fact that plaintiffs answered "none" to the interrogatory was an insufficient basis, by itself, for a blanket conclusion that all 211 plaintiffs could not establish their claims against defendants as a matter of law; but 2) affirmed with respect to the dismissal of the claims of the 31 plaintiffs for failure to prosecute.

Appellate Information

• Decided 07/10/2014
• Published 07/10/2014

Judges

• CHIN

Court

• United States Second Circuit

Counsel