New York Woman Alleges Windows Caused ‘Physical Harm’ and ‘Severe Emotional Distress’

Oct 14, 2024

A New York resident alleges she experienced physical harm and severe emotional distress as a result of exposure to ultraviolet (UV) radiation due to faulty information about her apartment’s glass.

According to court documents, the 28th-floor apartment at One United Nations Park in New York City features glass walls that were said to offer 100% UV protection. The protection was vital for one of the plaintiffs, Jennifer Yen, who has a history of melanoma. Yet, when Yen’s furnishings began to fade, so did her confidence in the building’s insulating glass. Yen is joined in the lawsuit by co-owner Jeffery Peyton Worley.

In a complaint filed with the Supreme Court of the State of New York, Yen and Worley allege they were misinformed about the unit’s windows’ ability to block UV rays. The complaint was filed against a group of real estate-related companies, property managers and individuals*.

According to court documents, Yen and Worley “repeatedly put the defendants on notice” of their desire and need for UV protection due to Yen’s prior history of melanoma. The complaint says the defendants “continually and falsely stated that all of the windows in the unit provided 100% protection from UV radiation.”

Yen’s unit faces east, with no obstructions to sun exposure. Her home office includes a full wall of windows. Over approximately two and a half years of living in the unit, Yen and Worley say they noticed discoloration and fading of carpets, artwork and furnishings—changes associated with UV damage. A physician also found and biopsied suspicious lesions on the side of Yen’s face that she says were exposed to a glass wall. She says a medical treatment resulted in stitches and other follow-up care, as well as “severe emotional distress.”

To validate their suspicions, Yen and Worley conducted tests, discovering “significant UV radiation intruding to the unit from at least four sliding glass, floor-to-ceiling wall panels.”

Before purchasing the unit, Yen and Worley said they had made multiple inquiries concerning the UV protection of windows. Medical professionals advised Yen to limit her exposure to UV radiation by placing solar film on her windows, a measure she says she took with a previous home.

According to Yen, the defendants and their representatives repeatedly stated verbally and in writing that the windows in her unit “contained complete UV protection.” The windows feature AGC Interpane glass, which Yen and Worley were assured is “100% effective” at preventing exposure to UV radiation and light.

Court documents indicate that the defendants were told in writing, “The glass is manufactured by Interpane and is constructed with high-performance PVB interlayers that enhance glass in terms of safety, security, strength, solar/UV control, style and sound control. The harmful UV light is filtered through the [insulating glass unit] panel; therefore, the UV transmission is zero percent.”

Based on this information, Yen and Worley say they did not install any UV protections, such as window films.

According to numerous media reports and real estate websites, the building was constructed in 2018. Performance data posted to Interpane’s website for the company’s North American low-E and solar control glass, dated April 2018, shows numerous glass packages providing UV transmittance of 2%. Some range as high as 59% transmittance. None are rated for 0%.

Yen and Worley say they’re entitled to damages against the defendants under theories of fraudulent misrepresentation, negligent misrepresentation, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence and breach of warranty.

Though Yen ultimately tested negative for skin cancers, skin cancer due to UV radiation may take years to materialize, the plaintiff’s legal complaint suggests. For this reason, the full extent of harm “could be deadly and is as yet unknown.”

The National Institutes of Health states that melanoma survivors have an approximately 900% increased risk of developing subsequent cases compared with the general population. Experts say the risk of recurrence remains elevated for more than 20 years after an initial diagnosis.

*685 First Realty Company LLC; Firstservice Residential New York Inc. d/b/a Firstservice Residential New York; Soloviev Building Company f/k/a Solow Realty & Development Company; Board of Managers of One United Nations Park; Tower Board of Managers of One United Nations Park; Stefan Soloviev; and Michael Hershman.