BERKOWITZ v. A.C. AND S., INC.


288 A.D.2d 148 (2001)

733 N.Y.S.2d 410

HAROLD BERKOWITZ et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. GILBERT V. HARRISON et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. ANTHONY MARTINE et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. ROBERT ROTH, Respondent, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. MORTON SCHWARTZ et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. MARCUS SCHWARTZ et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. ANTHONY TANCREDI et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants. DONNEL G. WILLIAMS et al., Respondents, v. A.C. AND S., INC., et al., Defendants, and DRESSER INDUSTRIES, INC., et al., Appellants.

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

Decided November 29, 2001.


The inability of certain of plaintiffs to identify defendant Worthington as the manufacturer of the pumps containing the asbestos to which they were allegedly exposed does not require dismissal of their actions, where defendants' own witness conceded that Worthington pumps were on a very high percentage of Navy ships during the relevant time period, and workers in the Brooklyn Navy Yard testified at their depositions that the pumps they saw on ships in the Navy Yard were...

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