In the Matter of NEW YORK CITY ASBESTOS LITIGATION.
DORIS KAY DUMMITT, Individually and as Executrix of RONALD DUMMITT, Deceased, Respondent,
v.
A.W. CHESTERTON et al., Defendants, and
CRANE CO., Appellant.
In the Matter of EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION.
JOANN H. SUTTNER, Individually and as Executrix of GERALD W. SUTTNER, Deceased, Respondent,
v.
A.W. CHESTERTON COMPANY et al., Defendants, and
CRANE CO., Appellant.
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Belluck & Fox LLP, New York City ( Seth A. Dymond of counsel), for respondent in the first above-entitled action.
Shook, Hardy & Bacon, LLP, Washington, D.C. ( Victor E. Schwartz and Mark A. Behrens of counsel), for Business Council of New York State and others, amici curiae in the first above-entitled action.
Pacific Legal Foundation, Sacramento, California ( Theodore Hadzi-Antich and Deborah J. La Fetra of counsel), for Pacific Legal Foundation, amicus curiae in the first above-entitled action.
Michael S. Levine , New York State Trial Lawyers Association, New York City, for New York State Trial Lawyers Association, amicus curiae in the first above-entitled action.
Karst & von Oiste, LLP, New York City ( Douglas D. von Oiste of counsel), for The Retired Enlisted Association and another, amici curiae in the first above-entitled action.
Reed Smith LLP, New York City ( Daniel K. Winters of counsel), Reed Smith LLP, Philadelphia, Pennsylvania ( James M. Beck of counsel), Reed Smith LLP, Pittsburgh, Pennsylvania ( David J. Bird of counsel), and Hugh F. Young, Jr. , Product Liability Advisory Council, Inc., Reston, Virginia, for Product Liability Advisory Council, amicus curiae in the first above-entitled action.
O'Connell & Aronowitz, Albany ( Stephen R. Coffey of counsel), for United Steel and others, amici curiae in the first above-entitled action.
Stephen Halpern , Buffalo, and Russ Haven , New York Public Interest Research Group, Inc., Albany, for Environmental Working Group and others, amici curiae in the first above-entitled action.
Jones Day, Washington, D.C. ( Shay Dvoretzky and Emily J. Kennedy of counsel), and Evert Weathersby Houff, Bogart, Georgia ( Christopher G. Conley of counsel), for CBS Corporation, amicus curiae in the first above-entitled action.
Shook, Hardy & Bacon, LLP, Washington, D.C. ( Victor E. Schwartz and Mark A. Behrens of counsel), for Business Council of New York State and others, amici curiae in the second above-entitled action.
Jones Day, Washington, D.C. ( Shay Dvoretzky and Emily J. Kennedy of counsel), and Evert Weathersby Houff, Bogart, Georgia ( Christopher G. Conley of counsel), for CBS Corporation, amicus curiae in the second above-entitled action.
Consovoy McCarthy Park PLLC, New York City ( Michael H. Park of counsel), and James A. Henderson, Jr. , Cornell Law School, Vero Beach, Florida, for United States Chamber of Commerce, amicus curiae in the second above-entitled action.
Judges PIGOTT, RIVERA, STEIN and FAHEY concur; Judge GARCIA concurs in result in a separate concurring opinion; Chief Judge DIFIORE taking no part.
OPINION OF THE COURT
ABDUS-SALAAM, J.
In these appeals, we are called upon to decide when, if ever, a manufacturer must warn against the danger inherent in using the manufacturer's product together with a product designed and produced by another company. Consistent with our decision in Rastelli v Goodyear Tire & Rubber Co. ...
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