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ACEVEDO v. CON ED

189 A.D.2d 497 (1993)

Nelson Acevedo et al., Respondents-Appellants, v. Consolidated Edison Company of New York, Inc., Appellant-Respondent, et al., Defendant and Third-Party Plaintiff, et al., Third-Party Defendant

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

April 22, 1993

Attorney(s) appearing for the Case

Brian E. Cray of counsel (Richard W. Babinecz, attorney), for appellant-respondent.

Arthur Z. Schwartz of counsel (Lewis, Greenwald, Kennedy, Lewis, Clifton & Schwartz, P. C., attorneys), for respondents-appellants.

MURPHY, P. J., KUPFERMAN, KASSAL and RUBIN, JJ., concur.

ELLERIN, J.

The action involved on this appeal arises from the highly publicized explosion, on August 19, 1990, of a steam pipe located at 20th Street between Third Avenue and Irving Place in Manhattan. According to the complaint, the exploding pipe was covered with insulating material containing toxic friable asbestos and, as a result of the explosion, fibers of this material were spewed into the air and onto...

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