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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

13746 190109/10

123 A.D.3d 498 (2014)

1 N.Y.S.3d 20

2014 NY Slip Op 08719

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. CARL A. DISALVO, Respondent, v. A.O. SMITH WATER PRODUCTS et al., Defendants, and NELES-JAMESBURY, INC., Appellant.

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

Decided December 11, 2014.

Defendant failed to meet its initial burden of establishing prima facie that its product could not have contributed to the causation of plaintiff's asbestos-related injury (see Comeau v W.R. Grace & Co. — Conn., 216 A.D.2d 79, 80 [1st Dept 1995]; Reid v Georgia-Pacific Corp., 212 A.D.2d 462 [1st Dept 1995]). While defendant's representative proffered an affidavit in which he states...

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