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· 3/22/2022

Leung v. Madison St. Partners, LLC

Citations

  • 162 N.Y.S.3d 715
  • 203 A.D.3d 578
  • 2022 NY Slip Op 01967

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding no special injury based on allegation that employees of courthouse who alleged “they have been unduly exposed to asbestos fibers over a long period of time, putting them at higher risk for mesothelioma,” but who did not suffer from mesothelioma
  • regulations governing asbestos removal did not pro vide right of action to enforce compliance with mandates
  • plaintiff employees could seek declaratory relief against trial court for exposure to asbestos despite absence of private right of action in applicable environmental statutes
  • \the Commonwealth cannot be sued unless there has been a waiver of its sovereign immunity\
  • “we discern no legislative intent to create a private cause of action to enforce environmental laws that the plaintiffs seek to have recognized”
  • “The object of all statutory construction is to ascertain the true intent of the Legislature from the words used.” (quoting Champigny v. Commonwealth, 422 Mass. 249, 661 N.E.2d 931, 933 (1996))

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.