IN MATTER OF NEW YORK CITY ASBESTOS LITIGATION


24 A.D.3d 375 (2005)

806 N.Y.S.2d 531

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. CHRISTINE WIEGMAN, Individually and as Administratrix of the Estate of DANIEL TUCKER, Deceased, Respondent, v. A C & S, INC., et al., Defendants, and LINCOLN ELECTRIC COMPANY et al., Appellants. ANGEL GOMEZ, Respondent, v. A C & S, INC., et al., Defendants, and LINCOLN ELECTRIC COMPANY, Appellant.

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

December 29, 2005.


Defendants-appellants' claim that a Frye hearing should have been held is without merit. The link between asbestos and disease is well documented, and the parties merely differed as to whether the asbestos contained in this particular product could be released in respirable form so as to cause disease. Since the parties argued over causation, no novel scientific technique or application of science was at issue, and a Frye hearing was not

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