The Associated Press
NEW YORK — Nearly 300 workers who want to sue the city for illnesses or injuries suffered at ground zero will have their claims heard in federal court, a state appeals panel has ruled.
The Appellate Division decision Thursday reversed a lower court ruling that had allowed the workers’ bids for litigation to proceed. The requests were filed by people who worked at the World Trade Center site after the Sept. 11 terrorist attacks.
The appeals court said federal law gave the U.S. District Court in Manhattan jurisdiction over all claims for loss of property, personal injury, or death resulting from or relating to the attacks.
The appeals court said a state judge wrongly allowed the workers’ cases to proceed, even though he recognized he lacked jurisdiction to decide the merits of the claims or whether they were filed too late.
Lawyer Marc Bern, whose firm argued for most of the petitioning workers, said their cases now will go to U.S. District Judge Alvin K. Hellerstein.
Nearly 9,000 Sept. 11-related lawsuits have been filed there.
The issue came before the state appeals court because it was asked to decide whether to dismiss the petition of a police officer who claimed his health suffered after he worked at ground zero between Sept. 12, and Oct. 26, 2001. The officer said his injuries did not become apparent until 2004.
Kate Ahlers, spokeswoman for the city’s Law Department, said lawyers were reviewing the decision and she had no immediate comment.