Hammond v. Alekna Construction, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced toxic tort personal injury actions seeking damages for injuries allegedly arising from exposure to toxic materials in Donovan Junior High School in the 1992-1993 school year. Previously, we affirmed the order denying the motion of defendant Stetson-Harza, Inc., also known as Harza Northeast, Inc. (Harza), for summary judgment dismissing the complaint and cross claims against it (Hammond v Alekna Constr., 267 AD2d 1027). Harza provided architectural…