Court: BX residents can sue city over toxic trash heap

PELHAM BAY - A $500 million lawsuit filed in 1991 against the city over a Pelham Bay landfill that allegedly poisoned children will go to trial, the New York State Court of Appeals ruled Wednesday.

The court upheld a lower court ruling allowing residents near the 81-acre landfill to sue the city. The city was trying to have the case dismissed. The residents argue the city dumped mounds of trash at the landfill daily while it operated from 1963 to 1979. They also claim the city knew the area was toxic by 1980.

Residents blame the trash heap for the deaths of three children and cancer diagnoses of 10 others.

The case could go to trial as soon as this fall.

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