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IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

25 A.D.3d 375 (2006)

807 N.Y.S.2d 352

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. ANGELA TORTORELLA, Individually and as Executrix of JOSEPH TORTORELLA, 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.

The claim against Con Edison is based on the alleged exposure of the decedent, an electrician, to asbestos dust while he was installing emergency generators and lighting at a Con Edison facility for about a year in the mid-1960s. It appears that such alleged asbestos exposure would have resulted from work by insulation contractors that was ongoing at or about the same time and place as the decedent's work. There is no evidence that Con Edison exercised supervisory control...

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