Claiming to have been exposed to paint containing "harmful toxins," Jakaria K. sued his employer, the City of New York.
When NYC's request to dismiss the case was denied by the Bronx County Supreme Court, an appeal followed.
Because the municipality failed to establish what kind of paint Jakaria used (and had been in a "unique position" to know what the paint's specifications were), the Appellate Division, First Department, agreed that the case should continue. (While it initially may have been unclear where the work had occurred, Jakaria's subsequent assertion that he was in a "closet" was enough to keep the case going.)
The City must have been fuming.
To view a copy of the Appellate Division's decision, please use this link: K. v. City of New York