Opinion
May 24, 1993
Appeal from the Supreme Court, Kings County (Ramirez, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
We find that summary judgment dismissing the complaint against all the defendants was properly granted. The plaintiffs allege that they have suffered emotional distress and mental anguish due to the negligence of the respondent BPC Management Corporation in leaving asbestos-containing materials in the basement of their store. However, the plaintiffs have not presented any clinical evidence that they have suffered asbestos contamination, and have not presented any medical evidence of emotional distress. Therefore, their cause of action is far too speculative, and must be dismissed (see, Conway v Brooklyn Union Gas Co., 189 A.D.2d 851; Rittenhouse v St. Regis Hotel Joint Venture, 180 A.D.2d 523). Rosenblatt, J.P., Miller, Eiber and Pizzuto, JJ., concur.