JARZABEK v. JOHNS-MANVILLE CORP.


255 A.D.2d 947 (1998)

680 N.Y.S.2d 775

Esther Jarzabek, Individually and as Executrix of Anthony M. Jarzabek, Deceased, Respondent, v. Johns-Manville Corporation et al., Defendants, and Fibreboard Paper Products Corporation, Appellant. (Appeal No. 1.)

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

November 13, 1998


Order unanimously affirmed with costs.

Memorandum:

This action was commenced on March 18, 1981 to recover damages for injuries sustained by plaintiff's decedent as the result of his exposure to asbestos between 1950 and 1978. During the pendency of the action, the toxic tort revival statute was enacted (L 1986, ch 682, § 4). The statute provides, in pertinent part, that "every action for personal injury * * * or death caused by the latent effects of exposure...

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