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MATTER OF NEW YORK CITY ASBESTOS LITIG.

No. 85.

27 N.Y.3d 1172 (2016)

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. RUBY E. KONSTANTIN, Individually and as Executrix of DAVE JOHN KONSTANTIN, Deceased, Respondent, v. 630 THIRD AVENUE ASSOCIATES et al., Defendants, and TISHMAN LIQUIDATING CORPORATION, Appellant.

Court of Appeals of New York.

Decided June 28, 2016.

Attorney(s) appearing for the Case

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Kathleen M. Sullivan , Sheila L. Birnbaum , Jane M. Byrne and William B. Adams of counsel), and Pillsbury Winthrop Shaw Pittman LLP, New York City ( E. Leo Milonas , David G. Keyko and Eric Fishman of counsel), for appellant.

Belluck & Fox, LLP, New York City ( Seth A. Dymond of counsel), for respondent.

Shook, Hardy & Bacon, LLP, Washington, D.C. ( Victor E. Schwartz and Mark A. Behrens , of the District of Columbia bar, admitted pro hac vice, of counsel), for Business Council of New York State and others, amici curiae.

Barry McTiernan & Moore LLC, New York City ( Suzanne M. Halbardier of counsel), Baker & McKenzie LLP, Chicago, Illinois ( Michael A. Pollard , of the Illinois bar, admitted pro hac vice, and Michael C. McCutcheon , of the Illinois bar, admitted pro hac vice, of counsel), and O'Connell, Tivin, Miller & Burns, LLC, Chicago, Illinois ( Daniel J. O'Connell , of the Illinois bar, of counsel), for John Crane Inc., amicus curiae.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Chief Judge DIFIORE taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary.

In the 1970s, plaintiff's decedent, Dave John Konstantin, worked as a carpenter at two Manhattan construction sites where defendant Tishman Liquidating Corporation (TLC) was the general contractor. Konstantin worked in close proximity to other workers who sanded and swept joint compound containing...

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