ALBANY — The state’s top court on Tuesday cleared the way for a group of 9/11 cleanup workers who became ill after cleaning up asbestos-laden debris to pursue legal claims against the Battery Park City Authority.
In a unanimous decision, the Court of Appeals said the authority was a government entity and therefore not entitled to challenge a 2009 law that gave additional time for certain 9/11 workers to file legal claims.
The authority had argued that the law was unconstitutional and the workers’ claims should be dismissed.
The court’s decision allows the workers, who claim they developed respiratory illnesses after working at properties owned by Battery Park City, to pursue claims in federal court.
“It was a great decision that resurrected the plaintiffs right to pursue justice,” said Luke Nikas, a lawyer for the workers. A spokesman for the authority declined to comment.
Jimmy Nolan’s Law was named for a Yonkers carpenter who became ill following Ground Zero cleanups and was enacted after a federal court had dismissed hundreds of lawsuits against the authority because they were filed too late.
