OPPENHEIM v. UNITED CHARITIES OF NEW YORK

The IAS court properly precluded plaintiff's expert from testifying with respect to Multiple Chemical Sensitivity Syndrome, without a hearing, on the ground that plaintiff failed to adduce evidence sufficient to raise an issue of fact as to whether such a diagnosis has gained general acceptance in the scientific community after defendants had made a prima facie showing that it has not (see, Frank v. State of New York, 972 F. Supp. 130 [NDNY]; Collins v. Welch, 178 Misc.2d 107). There being no proof of other injuries caused by defendants' alleged negligence, the complaint was properly dismissed.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.