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SCALONE v. CELOTEX CORP.

No. 87 CIV 2386 (LBS).

718 F.Supp. 215 (1989)

George SCALONE and Mary Ann Scalone, Plaintiffs, v. The CELOTEX CORPORATION, et al., Defendants.

United States District Court, S.D. New York.

August 7, 1989.

Attorney(s) appearing for the Case

Levy Phillips & Konigsberg, New York City, for plaintiffs; Diane Paolicelli, of counsel.

Budd Larner Gross Picillo Rosenbaum Greenberg & Sade, New York City, for defendants Combustion Engineering, Inc.; Arthur Bromberg, of counsel.

Hinckley & Silbert, P.C., New York City, for defendant Owens-Corning Fiberglas Corp.; Michael B. Sena, of counsel.

SAND, District Judge.

OPINION

The question raised by the pending motions for summary judgment is the applicability of the New York Toxic Tort Revival Statute to a New Jersey resident who claims to have sustained injuries from exposure to asbestos in New York.

Plaintiff George Scalone, an insulator by trade, was at all relevant times a resident of New Jersey. He asserts that he traveled daily to New York and worked with asbestos on job sites in this...

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