A Murray Hill actress who claimed her killer view of the East River exposed her to a “potentially lethal UV bath” has lost her legal battle with the building’s owners and developers.
A Manhattan judge dismissed a $1 million lawsuit from Jennifer Betit Yen, a skin cancer survivor who sued after developing lesions on her face from the floor-ceiling-windows in her luxe, $6.2 million First Avenue pad, asserting Yen had not proven her claims of negligence.
Reps for developer Soloviev Building Co. and the building’s board of managers repeatedly told Yen, 48, and her film producer husband J. Peyton Worley, 47, the unit “had 100% UV protection,” the couple alleged in their Manhattan Supreme Court lawsuit.
But the couple signed a purchase agreement in which they agreed not to rely on “any selling brochures, advertisements, websites, representations, warranties, statements or estimates of any nature whatsoever” when they bought the unit in the 43-story skyscraper near East 40th Street, the developer successfully argued.
The June 27 dismissal of Yen’s case was “with prejudice,” a legal term meaning she cannot bring the claims again, attorneys Alex Estis and Norman Flitt said.
“We’re very appreciative and thankful that the judge saw it for what it was, which was a meritless lawsuit and dismissed it as such,” Estis said.
Yen, who hosts the series “Film Lab Presents” and has had roles in “Royal Pains” and other TV shows, said she repeatedly questioned the building’s reps about whether the home had protection from ultra violet radiation, especially because she had previously battled melanoma.
“I am in this surreal situation where I unknowingly basically sat in a potentially lethal UV bath almost every day, during peak sun hours, thinking I was safe,” she wrote in a blog post last year.
A lawyer for Yen and Worley didn’t respond to a message seeking comment.
The couple snagged the swanky 2,984-square-foot four bedroom, 4.5 bath home in November 2021 — where “every single external wall is floor to ceiling glass window,” according to their lawsuit.
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