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SWOGGER v. WATERMAN S.S. CORP.

151 A.D.2d 100 (1989)

Anna C. Swogger, as Executrix of David D. Swogger, Deceased, Plaintiff, v. Waterman Steamship Corp. et al., Defendants Sea-Land Service, Inc., Third-Party Plaintiff-Respondent, v. Johns-Manville Corporation et al., Third-Party Defendants, and Armstrong World Industries, Inc., et al., Third-Party Defendants-Appellants

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

October 3, 1989

Attorney(s) appearing for the Case

Stephen K. Carr of counsel (Richard A. Menchini with him on the brief; Haight, Gardner, Poor & Havens, attorneys), for third-party plaintiff-respondent.

Steven Cooper of counsel (John H. Kazanjian, Peter B. Friedman and David L. Noonan with him on the brief; Anderson Russell Kill & Olick, P. C., attorneys), for Armstrong World Industries, Inc. and others, third-party defendants-appellants.

Douglas A. Boeckmann of counsel (Campbell, O'Connor & Carlucci, attorneys), for A. W. Chesterton Co., third-party defendant-appellant.

Margaret R. Smith of counsel (Fogarty & Fogarty, P. C., attorneys), for J. P. Stevens & Co., Inc., third-party defendant-appellant.

Norman D. Lipton of counsel (Roger P. McTiernan, Sr., Suzanne M. Halbardier and Richard W. Wedinger with him on the brief; Barry McTiernan & Moore, attorneys), for John Crane-Houdaille, Inc., third-party defendant-appellant.

ASCH, ROSENBERGER and SMITH, JJ., concur with MURPHY P. J.; ROSS, J., dissents in an opinion.

MURPHY, P. J.

The original plaintiff, David D. Swogger, commenced this action in 1979, seeking damages against owners of commercial ships, on which plaintiff had served as a crew member, for injuries allegedly resulting from asbestos exposure. For three decades, Swogger had served as a marine engineer on various ships owned by the five defendants. The asbestos exposure is alleged to have occurred on the high...

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