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MATTER OF NYC ASBESTOS LITIG

5 N.Y.3d 486 (2005)

840 N.E.2d 115

806 N.Y.S.2d 146

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. ELIZABETH HOLDAMPF et al., Respondents, v. A.C. & S., INC., et al., Defendants, and PORT AUTHORITY OF NEW YORK AND NEW JERSEY, Appellant.

Court of Appeals of the State of New York.

Decided October 27, 2005.

Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, Ltd., New York City (Christian H. Gannon, Dwight A. Kern and Robert R. Rigolosi of counsel), for appellant.

Weitz & Luxenberg, P.C., New York City (Erik Jacobs and Stephen J. Riegel of counsel), for respondents.

Shook, Hardy & Bacon, L.L.P., Washington, D.C. (Victor E. Schwartz and Mark A. Behrens of counsel), Crowell & Moring LLP, Washington, D.C. (Paul W. Kalish and Mark D. Plevin of counsel), Karen R. Harned, Washington, D.C., Donald D. Evans, Arlington, Virginia, Ann W. Spragens and Robert J. Hurns, Des Plaines, Illinois, and Robin S. Conrad and Amar D. Sarwal, Washington, D.C., for Coalition for Litigation Justice, Inc., and others, amici curiae.

Michaels & Smolak, P.C., Auburn (Michael G. Bersani of counsel), for Asbestos Disease Awareness Organization and others, amici curiae.

Before: Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur; Chief Judge KAYE taking no part.

OPINION OF THE COURT

READ, J.

We are asked to decide whether the Port Authority of New York and New Jersey (Port Authority) owes a duty of care to plaintiff wife, who was allegedly injured from exposure to asbestos dust that plaintiff husband, a Port Authority employee, introduced into the family home on soiled work clothes that plaintiff wife laundered. We conclude that there is no duty of care.

I.

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