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MATTER OF NEW YORK CITY ASBESTOS LITIG.

225 A.D.2d 414 (1996)

640 N.Y.S.2d 488

In the Matter of New York City Asbestos Litigation. Amelia Maltese, Individually and as Executrix of Mario Maltese, Deceased, Appellant-Respondent, v. Westinghouse Electric Corporation, Respondent-Appellant Savino Stallone et al., Appellants-Respondents, v. Westinghouse Electric Corporation, Respondent-Appellant Joseph Asaro, as Executor of Melchiore Chiarenze, Deceased, Respondent, v. A.C. & S., Inc., et al., Defendants, and Mario & DiBono Plastering Company, Appellant

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

March 19, 1996

The trial court properly set aside the verdict finding intentional acting in concert (see, CPLR 1602 [11]). There was no evidence of a concerted effort to suppress information about asbestos injury or to deceive or mislead asbestos victims (cf., City of New York v Lead Indus. Assn., 190 A.D.2d 173, 177-178). Plaintiffs did not demonstrate there was a common design or plan...

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