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CORSETTI v. KOPPERS CO., INC.

196 A.D.2d 780 (1993)

602 N.Y.S.2d 112

Karen Corsetti et al., Respondents, v. Koppers Company, Inc., et al., Appellants, et al., Defendants. Browne and Bryan Lumber Co., Inc., Third-Party Plaintiff-Appellant, v. New York City Transit Authority et al., Third-Party Defendants

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

September 30, 1993

Under the circumstances presented herein, in which incremental harm to the deceased was occasioned by exposure to creosote-treated railroad ties provided by a number of manufacturers, plaintiffs' failure to identify one particular manufacturer out of several as the one whose product caused the injury does not warrant dismissal. Here, plaintiffs have demonstrated some evidence of sales of such railroad ties by defendant Browne and...

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