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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

41 A.D.3d 177 (2007)

839 N.Y.S.2d 456

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. CLAIRE HELD, Individually and as Executrix of GEORGE HELD, Deceased, Appellant, v. A.W. CHESTERTON CO. et al., Defendants, and SEQUOIA VENTURES INC., Formerly Known as BECHTEL CORP., Respondent.

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

Decided June 12, 2007.

Plaintiff's claim that her decedent's mesothelioma was caused by respondent engineer's issuance of insulation specifications requiring or allowing the use of asbestos at the work site, and that such specifications fell below the then-existing professional standard of care for engineers, is improperly raised for the first time on appeal (see First Intl. Bank of Israel v Blankstein & Son, 59 N.Y.2d 436...

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