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IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

25 A.D.3d 374 (2006)

807 N.Y.S.2d 84

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. MURIEL PHILBIN, Individually and as Executrix of WILLIAM PHILBIN, Deceased, Respondent, v. A.C. AND S., INC., et al., Defendants, and CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant.

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

January 10, 2006.

According to plaintiff's appellate brief, the claim against Con Edison is based on the decedent's testimony that, while employed on a roofing project at a Con Edison facility for two months during the 1970s, his work cutting roofing material exposed him to asbestos dust. Con Edison's motion for summary judgment should have been granted, as the present record affords no evidentiary basis for holding Con Edison liable on plaintiff's common-law negligence and Labor Law §...

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