IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION


7 A.D.3d 285 (2004)

776 N.Y.S.2d 253

IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION. CATHERINE OKEN, as Executrix of EDWIN DIEDRICH, Deceased, Respondent, v. A.C. & S. ET AL., Defendants, and ROBERT A. KEASBEY COMPANY, Appellant.

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

May 6, 2004.


Plaintiff's decedent, who died in 2003, contracted mesothelioma allegedly from exposure to asbestos-laden dust from as early as the 1960s, while employed as an ironworker. He asserted claims for negligence and strict products liability against Keasbey, a commercial and industrial insulation subcontractor that has acknowledged having sold or distributed insulation materials that contained asbestos. The summary judgment motion was grounded on the absence of any evidence in...

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