FKB Partner Patrick J. Brennan Obtains Directed Verdict in Bronx Supreme Court Lead Poisoning Case. 5/19/2009

In a case of first impression, on May 19, 2009 Justice Howard Sherman of Bronx Supreme Court dismissed a claim of alleged brain damage stemming from lead poisoning in a child against the defendant cooperative corporation and managing agent following a jury trial on liability. Justice Sherman determined in Essilfie v. 1075 Concourse Tenants Corp. that no duty was owed by the defendants to the infant and his parents, undisclosed subtenants of the co-op apartment owner, and dismissed the action. The plaintiff was represented by Fitzgerald & Fitzgerald P.C.

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