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MATTER OF NEW YORK ASBESTOS LITIGATION

190415/12, 206, 205.

146 A.D.3d 461 (2017)

2017 NY Slip Op 00098

49 N.Y.S.3d 1

In the Matter of NEW YORK ASBESTOS LITIGATION. PHYLLIS BROWN, as Administratrix of the Estate of HARRY E. BROWN, Deceased, Appellant, v. BELL & GOSSETT COMPANY, Defendant, and CONSOLIDATED EDISON OF NEW YORK, INC., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 10, 2017.

The trial court improperly set aside the verdict in plaintiff's favor on the Labor Law § 200 claim against Con Edison. The evidence at trial demonstrated that Con Edison had the "authority to control the activity bringing about the injury" (Comes v New York State Elec. & Gas Corp., 82 N.Y.2d 876, 877 [1993] [internal quotation marks omitted]). "[A]n implicit precondition to this duty is that the party to be charged with...

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