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MATTER OF STEINHARDT v. JOHNSMANVILLE CORP.

54 N.Y.2d 1008 (1981)

In the Matter of Jeanne Steinhardt, as Executrix of James McKee, Jr., Deceased, Appellant, v. Johns-Manville Corporation et al., Respondents. Stanley Rosenberg et al., Appellants, v. Johns-Manville Sales Corporation et al., Respondents. Jerome Brenner et al., Appellants, v. Johns-Manville Sales Corporation et al., Respondents. Dorothy Cohen, as Administratrix of The Estate of Emanuel Cohen, Deceased, Appellant, v. Johns-Manville Products Corporation et al., Respondents. Rose Failla, as Administratrix of The Estate of Vincent Failla, Deceased, Appellant, v. Johns-Manville Products Corporation et al., Respondents. Joseph Ferrarese et al., Appellants, v. Johns-Manville Sales Corporation et al., Respondents. Rose Weinberg, as Administratrix of The Estate of Albert Weinberg, Deceased, Appellant, v. Johns-Manville Products Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Frank S. Kedzielawa, Carl A. Green and James W. Kirkpatrick for appellant in the first above-entitled action.

Norman J. Landau for appellants in the second through seventh above-entitled actions.

Lawrence T. D'Aloise and Daniel T. Roach for Johns-Manville Corporation and others, respondents.

Thomas F. Segalla for Fibreboard Paper Products Corp., respondent.

Alexander C. Cordes and Paul F. Jones for GAF Corporation and others, respondents.

Robert M. Kiebala for Eagle-Picher Industries, Inc., respondent.

Gordon D. Tresch for Owens-Corning Fiberglass Corporation, respondent.

Sheldon Hurwitz for Armstrong Cork Company, respondent.

Franklin N. Meyer for Raybestos-Manhattan, Inc., respondent.

Michael Majewski and Joseph D. Ahearn for Southern Asbestos Co. and another, respondents.

James J. Lysaght for Colt Industries, Inc., respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, and WACHTLER concur in memorandum; Judge MEYER concurs on constraint of Thornton v Roosevelt Hosp. (); Judge FUCHSBERG dissents and votes to reverse in an opinion.

MEMORANDUM.

The orders of the Appellate Division should be affirmed, with costs.

Plaintiffs in these actions, asserting injuries caused by the inhalation of asbestos particles, each commenced his action more than four years after their or their decedents' last employment-related exposure to asbestos. In Schmidt v Merchants Desp. Transp. Co. (270 N.Y. 287), where the plaintiff alleged that the inhalation of...

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