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CITY OF NEW YORK v. LEAD INDUSTRIES ASSOCIATION, INC.

275 A.D.2d 669 (2000)

713 N.Y.S.2d 345

CITY OF NEW YORK et al., Plaintiffs, and NEW YORK CITY HOUSING AUTHORITY, Appellant, v. LEAD INDUSTRIES ASSOCIATION, INC., et al., Respondents, et al., Defendant.

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

Decided September 28, 2000.

As the IAS Court observed, NYCHA's motion is more properly deemed one for a declaration that the market share theory of liability applies to this case. In any event, the motion was properly denied on the ground that further discovery is warranted on such matters as whether and to what extent white lead carbonate is present in the Williamsburg Houses development, whether the manufacturer of the particular white lead carbonate present, if any, can be identified, and whether...

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