Owner of Middletown, NY Commercial Property Cited for Improper Removal of Asbestos at Former Warehouse

The discovery that asbestos was being improperly removed at a Middletown, NY building prompts NY State Department of Labor investigation. Exposure to the dangerous mineral is known to cause serious illnesses such as mesothelioma cancer, asbestos-related lung cancer and asbestosis.

If you or your family has been affected by asbestos disease, you can get help from an experienced asbestos lawyer by completing the form on this page.

On October 26, 2009, the Times Herald-Record reported that the owner of a building in Middletown, NY would be cited for illegal asbestos removal. According to property records, the building is owned by an area realty company. The company had leased space to several tenants, including a non-profit agency that serves disabled individuals in the Orange and Sullivan County communities.

After a number of complaints about suspected illegal asbestos abatement and removal, a city building inspector visited the Canal Street building on October 14, 2009. The inspector found that workers at the building were preparing to leave the site in a van filled with bags of asbestos-containing materials (ACM).

As a result, the site was immediately closed and an investigation by the New York State Department of Labor’s Asbestos Control Bureau was commenced. A state spokesperson advised the property owner will be cited and penalties will be assessed for a number of asbestos violations, including:

Failure to use a contractor certified in asbestos removal;

Employing workers untrained and uncertified to remove ACM; and

Failure to have asbestos abatement and remediation performed properly.

Risks to Workers, Building Tenants and Visitors
A building tenant reported to the Times-Herald that as early as June 2009, asbestos was found in the building, that ACM was being improperly removed, and that the workers performing the illegal abatement were not wearing protective clothing or masks to prevent inhalation of carcinogenic (cancer-causing) asbestos dust.

This would mean that all the workers at the job site, as well as all those working or visiting the building during the time the illegal asbestos removal was being conducted were placed at risk to develop asbestos disease. In addition, if the investigation shows that ACM was being illegally dumped, all those living or working in the area of the dump site may also have been placed at unnecessary risk for exposure to the dangerous mineral.

Brief Exposure to Asbestos Can Cause Illness Many Years Later
Unlike other dangerous substances that can cause injury or illness shortly after exposure, those who are exposed to asbestos will not show symptoms of an asbestos-related illness for 30-40 years after their first exposure.

These decades-long asbestos latency periods are caused by the way microscopic asbestos fibers attach to lung tissue. Their sharp, jagged edges prevent them from being expelled from the lungs by coughing or sneezing.

Instead, the fibers eventually cause lung tissue to scar, which results in chronic breathing problems like asbestosis, pleural plaques disease or chronic obstructive pulmonary disease (COPD). The asbestos fibers can also cause the lungs to produce abnormal cells, which cause lung cancer tumors to develop.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, we may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook. A Weitz & Luxenberg representative will contact you as soon as possible.