MENDELOWITZ v. XEROX CORP.


169 A.D.2d 300 (1991)

Joyce Mendelowitz, Individually and as Administratrix of The Estate of Bernard Mendelowitz, Deceased, Appellant, v. Xerox Corp., Respondent

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

July 25, 1991


Attorney(s) appearing for the Case

Jordan C. Fox of counsel (Alan J. Konigsberg with him on the brief; Levy Phillips & Konigsberg, attorneys), for appellant.

Nicholas J. DiCarlo of counsel (Richard E. Donovan with him on the brief; Kelley Drye & Warren, attorneys), for respondent.

MURPHY, P. J., MILONAS, ELLERIN and KASSAL, JJ., concur.


WALLACH, J.

Plaintiff's decedent was employed by various agencies of the United States Government from October 1955 to August 1978 as a "xerographer", a job that allegedly required him to stand over copying machines virtually all of his working hours. In October 1988, he was diagnosed as having mesothelioma, a type of lung cancer, from which he died in February 1989, three months after he started this action...

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