City of New York et al., Respondents,
v.
Lead Industries Association, Inc., et al., Appellants, et al., Defendant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 13, 1993
May 13, 1993
Attorney(s) appearing for the Case
Philip H. Curtis of counsel, New York City (Otis Pratt Pearsall, Murray R. Garnick and William H. Voth with him on the brief, Arnold & Porter; and Donald A. Bright, Los Angeles, California, attorneys), for Atlantic Richfield Company, appellant.
Charles H. Moellenberg, Jr., of counsel, Pittsburgh, Pennsylvania (Paul Michael Pohl and Richard P. Bress; Elaine H. Mandelbaum, New York City, with him on the brief, Jones, Day, Reavis & Pogue, attorneys), for The Sherwin-Williams Company, appellant.
G. Marc Whitehead of counsel, Minneapolis, Minnesota (Michael T. Nilan; Harold J. Engel and Joseph Brooks, Washington, D.C., with him on the brief, Popham, Haik, Schnobrich & Kaufman, Ltd.; and Michael P. Manning, New York City, Bachner, Tally, Polevoy & Misher, attorneys), for SCM Corporation and another, appellants.
Donald E. Scott of counsel, Washington, D.C. (Timothy S. Hardy with him on the brief, Kirkland & Ellis; and Daniel J. Kornstein, New York City, Kornstein Veisz & Wexler, attorneys), for NL Industries, Inc., appellant.
Mary Morrissey Sullivan, Boston, Massachusetts (Mark L. Sullivan and Richard L. Nahigian, Sullivan, Sullivan & Pinta; and H. Barry Vasios, New York City, Gilbert, Segall & Young, attorneys), for Lead Industries Association, Inc., appellant.
Fred Kolikoff of counsel (Larry A. Sonnenshein, Alan H. Kleinman and John R. Low-Beer with him on the brief, O. Peter Sherwood, Corporation Counsel of New York City; and Alan D. Aviles, New York City, attorneys), for respondents.
ELLERIN, J. P., ASCH and RUBIN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, First Department.
WALLACH, J.
Defendants are five major manufacturers of lead-based paint, and their industrial trade association. The surviving claims that are the subject of this appeal allege that the manufacturers,* through the actions of their trade association, fraudulently misrepresented the safety of their product in the marketing of same (sixth...
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