PENN v. AMCHEM PRODUCTS

2757, 105637/07.

85 A.D.3d 475 (2011)

925 N.Y.S.2d 28

2011 NY Slip Op 4821

JOSEPHINE PENN et al., Appellants, v. AMCHEM PRODUCTS et al., Defendants, and KERR CORPORATION, Respondent.

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

Decided June 9, 2011.


Contrary to the trial court's finding, the evidence, viewed in the light most favorable to the prevailing plaintiffs (see Matter of New York City Asbestos Litig., 256 A.D.2d 250, 250 [1998], lv denied 93 N.Y.2d 818 [1999], cert denied sub nom. Worthington Corp. v Ronsini, 529 U.S. 1019 [2000]), was sufficient to permit the jury to rationally conclude that the asbestos-containing dental liners to which the injured plaintiff...

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