MATTER OF EIGHTH JUDICIAL DIST. ASBESTOS LITIG. v. ACANDS, INC.


197 A.D.2d 901 (1993)

602 N.Y.S.2d 452

In the Matter of Eighth Judicial District Asbestos Litigation. Marie G. Gram, Individually and as Executrix of James R. Gram, Deceased, Respondent-Appellant, v. Acands, Inc., et al., Defendants, and Keene Corporation, Appellant-Respondent. (Appeal No. 1.)

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

October 1, 1993


Judgment unanimously affirmed with costs to plaintiff.

Memorandum:

Contrary to defendant Keene Corporation's contentions, we conclude that plaintiff Borucki presented evidence sufficient to support the jury's verdict that her decedent was partially disabled from an asbestos-related condition at the time it was diagnosed that he was suffering from lung cancer and that the trial court adequately instructed the jury on the issue of proximate cause.

The...

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