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

15 A.D.3d 377 (2005)

789 N.Y.S.2d 535

ANTHONY PELLEGRINO, Appellant, v. A.C. AND S., INC., Defendants, and BELL & GOSSETT COMPANY, Respondent.

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

February 7, 2005.

Ordered that the order is affirmed, with costs.

The defendant Bell & Gossett Company (hereinafter B & G) established its prima facie entitlement to summary judgment with competent evidence that the products it manufactured, to which the plaintiff was exposed, did not contain asbestos, and therefore could not have contributed to the cause of the plaintiff's injury (see Matter of New York City Asbestos Litig., 216 A.D.2d 79

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