PROCTOR v. ALCOA, INC.

14153, 190040/13.

125 A.D.3d 447 (2015)

999 N.Y.S.2d 740

JAMES AUGUSTUS PROCTOR et al., Respondents, v. ALCOA, INC., et al., Defendants, and ANDAL CORP., Appellant.

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

Decided February 5, 2015.


The record presents triable issues of fact as to whether Andal's alleged predecessors-in-interest performed certain construction work at the former World Trade Center site, and were responsible for plaintiff's exposure to asbestos at the site (see generally Vega v Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012]). Although plaintiff failed to identify any entity that used asbestos during...

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