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IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

16 A.D.3d 125 (2005)

791 N.Y.S.2d 30

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. THEODORE KLOPSIS et al., Respondents, v. A.O. SMITH WATER PRODUCTS CO. et al., Defendants, and GOODYEAR TIRE & RUBBER COMPANY, Appellant.

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

March 3, 2005.

Contrary to Goodyear's contentions, the deposition testimony of a deceased plaintiff in another action was admissible in opposition to its motion for summary judgment (see generally State of New York v Metz, 241 A.D.2d 192 [1998]). This testimony was sufficient to defeat the motion because it offered facts and conditions from which Goodyear's liability could reasonably be inferred. In particular...

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