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NY TEL. v. AAER INSULATIONS

250 A.D.2d 49 (1998)

679 N.Y.S.2d 21

New York Telephone Company, Respondent, v. AAER Sprayed Insulations, Inc., et al., Defendants, and United States Gypsum Company, Appellant

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

October 20, 1998

Attorney(s) appearing for the Case

James W. Harbison, Jr., of counsel, New York City (Carolyn W. Jaffe on the brief; Morgan Lewis & Bockius, L. L. P., attorneys), for appellant.

Henry Gluckstern, New York City, and Marc S. Moller of counsel (Kreindler & Kreindler, attorneys), for respondent.

MILONAS, J. P., NARDELLI and WALLACH, JJ., concur.

SAXE, J.

We address on this appeal the required factual predicate for application of a theory of alternative liability in a products liability action.

This lawsuit concerns an asbestos-in-building claim. The plaintiff New York Telephone Company (NY Telephone) began this action in July 1987, naming 60 defendants including manufacturers and installers of building products containing asbestos, seeking money...

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