Gersowitz Libo & Korek, P.C. Comments on the $12 Million Settlement of the Pelham Bay Landfill Lawsuit Filed Against The City of New York More Than 22 Years Ago

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Environmental injury attorney Jeff S. Korek of Gersowitz Libo & Korek, P.C. comments on the $12 million settlement of the lawsuit filed against the City of New York, which alleged that the plaintiffs’ childhood leukemia was caused by toxic substances emanating from the Pelham Bay Landfill, owned and operated by the city of New York, in the Bronx.

Jeff Korek

Jeff Korek

This settlement is a testament to the determination and spirit of these families. While the settlement does not replace their losses, the time was ripe for closure.

Jeff S. Korek, an environmental injury attorney at Gersowitz Libo & Korek, P.C., one of New York’s leading personal injury firms, announced that the City of New York has agreed to pay $12 million to settle eight lawsuits involving twelve plaintiffs, which date back to the early 1990s. The settlement was reached on July 26, 2013 before Bronx Supreme Court Justice Larry S. Schachner, according to court records [Supreme Court of the state of New York County of Bronx, Index Numbers: 8576/9, 12648/91, 15687/92, 23354/92, 14920/92, 7957/06].

“We have to give special credit to the City’s current resolution team and Honorable Justices Douglas McKeon and Larry S. Schachner in resolving the cases,” commented Mr. Korek. “Honorable Justice Schachner requested both plaintiffs’ attorneys and the City’s attorneys come to his courtroom on a daily basis for over two weeks until the case either came to a resolution or to an impasse that would have likely led to a lengthy trial.”

About the Lawsuit

According to court documents, the lawsuits alleged that the plaintiffs’ childhood leukemia was caused by toxic substances emanating from the Pelham Bay Landfill, owned and operated by the City of New York, in the Bronx.

The court documents state that the plaintiffs filed the lawsuits as a result of an unusually high occurrence of illnesses and cancers, particularly childhood leukemia, among residents living in close proximity to the Pelham Bay Landfill. The court documents claim that those residents learned that an employee of the City of New York Department of Sanitation allowed waste hauling companies to dump approximately one million gallons of toxic waste into the Landfill during the mid to late 1970s.

The court documents further claim that the citizens, who started documenting all of the illnesses that plagued their neighborhood, pressured City and State officials to investigate the Pelham Bay Landfill as a cause for the illnesses and demanded that the site be properly cleaned up.

According to court documents, in 1991, the first of the eight lawsuits involving the twelve plaintiffs was filed against the City of New York. The court documents also show that while the City’s attorney vigorously contested the lawsuits and twice sought to dismiss the plaintiffs’ lawsuits, in both instances the Bronx Supreme Court and the Appellate Division found that the plaintiffs’ attorneys had presented sufficient evidence to survive the defendants’ summary judgment motions.

“This settlement is a testament to the determination and spirit of these families. While the settlement does not replace their losses, the time was ripe for closure,” said Korek. “The current city administration and Judges Larry Schachner and Douglas E McKeon should be praised for seeking a solution to this matter.”

The Gersowitz Libo & Korek firm was officially retained as trial counsel approximately 18 months ago. They were able to ready the matter for trial and engage the City in serious negotiations over the past few months, which led to the recent court settlement.

About Gersowitz Libo & Korek, P.C.

The toxic tort attorneys at Gersowitz Libo & Korek, P.C. are committed to the relentless pursuit of victim’s rights in New York and New Jersey for over 25 years. They urge anyone who has suffered injuries as a result of the negligent actions of another party to contact them immediately.

Contact:
Jeff Korek
Gersowitz Libo & Korek, P.C.
111 Broadway, 12th Floor
New York, NY 10006
(212) 385-4410

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