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MTR OF EIGHTH JUD. DIST. ASBESTOS LITIGATION

8 N.Y.3d 717 (2007)

872 N.E.2d 232

840 N.Y.S.2d 546

In the Matter of EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. NANCY A. REYNOLDS, Individually and as Executrix of DONALD H. REYNOLDS, Deceased, Respondent, v. AMCHEM PRODUCTS INC. et al., Defendants, and GARLOCK SEALING TECHNOLOGIES LLC, Appellant.

Court of Appeals of the State of New York.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Michael J. Hutter, Albany, and Osborne, Reed & Burke, LLP, Rochester (Bernadette Weaver-Catalana of counsel), for appellant.

Lipsitz & Ponterio, LLC, Buffalo (John Ned Lipsitz, Nan L. Haynes and Anne E. Joynt of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

In this multi-defendant action, Supreme Court erred in failing to disclose to all of the parties the existence of a high-low agreement between the plaintiffs and one of the defendants. Because this error prejudiced the determination of the rights and liabilities of the non-agreeing defendant at trial, a new trial on liability and damages is warranted.

I.

Plaintiff...

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