MATTER OF NEW YORK CITY ASBESTOS LITIG.


89 N.Y.2d 955 (1997)

678 N.E.2d 467

655 N.Y.S.2d 855

In the Matter of New York City Asbestos Litigation. Amelia Maltese, Individually and as Executrix of The Estate of Mario Maltese, Appellant, v. Westinghouse Electric Corp., Respondent. Savino Stallone et al., Appellants, v. Westinghouse Electric Corp., Respondent. (And Another Action.)

Court of Appeals of the State of New York.

Decided February 11, 1997.


Attorney(s) appearing for the Case

Wilentz Goldman & Spitzer, New York City (Christopher M. Placitella, Frank M. Ortiz and Barry R. Sugarman of counsel), for appellants.

Cravath, Swaine & Moore, New York City (David Boies of counsel), and Akin, Gump, Strauss, Hauer & Feld, L.L.P., New York City (Robert A. Johnson of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur; Judge TITONE taking no part.


MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be affirmed, with costs.

Mario Maltese and Savino Stallone were mechanics at Consolidated Edison Company's New York City powerhouses. Maltese worked at Con Edison's Hudson Avenue and Astoria powerhouses from 1951 through 1985. Stallone worked at the Hudson Avenue facility from 1946 until 1981. Both men contracted mesothelioma, a rare form...

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