1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 21 A.D.3d
  5. 21 A.D.3d 320 (2005)
 

IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

21 A.D.3d 320 (2005)

800 N.Y.S.2d 388

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 THE GOODYEAR TIRE & RUBBER COMPANY, Appellant.

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

August 25, 2005.

The motion court's decision rested solely on testimony by a deponent who has since died, in a case to which Goodyear was not a party (see CPLR 3117 [a] [3] [i]). Evidence that would not be admissible at trial may be considered in opposition to a summary judgment motion only "as long as it does not become the sole basis for the court's determination" (see Oken v. A.C. & S., 7 A.D.3d 285

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases