Cokeng v. Ogden Cap Properties, LLC

Order, Supreme Court, New York County (Jeffrey Oing, J), entered April 24, 2012, which, insofar as appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint for lack of causation, or, alternatively, for an order scheduling a Frye hearing to examine the basis of the opinion of plaintiffs’ expert epidemiologist/toxicologist, or, in the further alternative, for preclusion of that expert’s opinion, and upon preclusion, summary judgment dismissing plaintiffs’ complaint, unanimously affirmed, without costs.

Defendants failed to make a prima facie…