MARULLO v. CITY OF NEW YORK

9344N, 25527/16, 25507/16, 25561/16E.

172 A.D.3d 540 (2019)

101 N.Y.S.3d 47

2019 NY Slip Op 03902

Charles Marullo et al., Respondents, v. City of New York et al., Appellants. James Intriago et al., Respondents, v. City of New York et al., Appellants. Luigi Barillaro et al., Respondents, v. City of New York et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 16, 2019.


Plaintiffs allege that they suffered nearly identical types of injuries caused by the same gas explosion. As a result, the medical testimony presented by plaintiffs regarding their damages would overlap. Despite the medical evidence, we find that individual issues would predominate if the damages claims were tried together. Although plaintiffs suffered similar types of injuries, their injuries are distinct—each plaintiff sustained different degrees of burns...

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