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Brenner v. American Cyanamid Co.

699 N.Y.S.2d 848 (1999)

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Brenner v. American Cyanamid Co.

New York Supreme Court, Appellate Division

699 N.Y.S.2d 848 (1999)

Facts

Richard and Terry Brenner (plaintiffs) moved into an apartment in an old house when their son was a baby. Nine months later, he was diagnosed with severe lead poisoning from ingesting lead-based paint. Testing found paint pigmented with white lead carbonate and paint containing four other lead compounds in the apartment. The Brenners could not identify which manufacturer made the paint or when it was applied. They sued multiple manufacturers who made white lead carbonate from 1926 when the house was built, until 1955 when manufacturers stopped selling lead-based paint for interior residential use, including American Cyanamid Co. (defendants). The Brenners asserted three theories of collective liability against the manufacturers. The court granted summary judgment for the manufacturers on two theories, but allowed the Brenners’ market-share liability claim to proceed. The manufacturers appealed, arguing the Brenners could not establish the requisite elements.

Rule of Law

Issue

Holding and Reasoning (Hayes, J.)

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