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MATTER OF ASBESTOS LITIG.

2 Misc.3d 518 (2003)

769 N.Y.S.2d 695

In the Matter of SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION. CONSTANCE F. POLITO, Individually and as Executrix of SALVATORE T. POLITO, Deceased, Plaintiff, v. ANCHOR PACKING COMPANY et al., Defendants.

Supreme Court, Monroe County.

November 13, 2003.

Attorney(s) appearing for the Case

Donohue, Sabo, Varley & Armstrong, P.C. (Bruce S. Huttner of counsel), for Burns International Services Corporation, defendant. Gibson, McAskill & Crosby LLP (Terrance P. Flynn of counsel), for DaimlerChrysler Corporation and others, defendants.

Lavin, Coleman, O'Neil, Ricci, Finarelli & Gray (Christine O. Boyd of counsel), for General Motors Corporation, defendant.

Weitz & Luxenberg, P.C. (James C. Long, Jr. and Evan M. Janush of counsel), for plaintiff.

OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

The plaintiff, Constance F. Polito, was the spouse of Salvatore T. Polito, who died from mesothelioma, a disease commonly associated with exposure to asbestos. Mr. Polito has been described as a former auto mechanic, who allegedly was exposed to asbestos from friction products, over a number of years, during which time he installed and/or repaired brakes. The remaining defendants in the case, Burns International...

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