MATTER OF NEW YORK COUNTY ASBESTOS LITIGATION


52 A.D.3d 300 (2008)

860 N.Y.S.2d 506

In the Matter of NEW YORK COUNTY ASBESTOS LITIGATION. ROBERT F. PERDICARO et al., Respondents, v. A.O. SMITH WATER PRODUCTS et al., Defendants, and TREADWELL CORPORATION, Appellant.

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

Decided June 10, 2008.


In opposition to Treadwell's prima facie showing of entitlement to summary judgment, plaintiffs' evidence failed to raise a factual issue whether plaintiff worker (a Con Edison employee) was present at various Con Edison powerhouses at the same time Treadwell workers or its subcontractors were installing alleged asbestos-based insulation on new equipment. Plaintiff worker's evidence was insufficient to raise a triable issue of fact whether he was exposed to asbestos-based...

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