JONES v. UTILS. PAINTING CORP.


198 A.D.2d 268 (1993)

603 N.Y.S.2d 546

Richard P. Jones et al., Respondents, v. Utilities Painting Corporation, Appellant. (And Third-Party Actions.)

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

November 8, 1993


Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, the complaint is dismissed, and the plaintiffs' cross motion is dismissed as academic.

Assuming, arguendo, that a cause of action to recover damages for future medical monitoring costs is viable, the complaint fails to specifically allege actual exposure to asbestos, at toxic levels, sufficient to state a cause of action upon which relief can be based (see...

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