PERAICA v. A.O. SMITH WATER PRODS. CO.

190339/11, 13470, 13469.

143 A.D.3d 448 (2016)

2016 NY Slip Op 06537

39 N.Y.S.3d 392

IVANA PERAICA, as Administratrix for the Estate of IVO J. PERAICA, Deceased, et al., Respondents, v. A.O. SMITH WATER PRODUCTS CO. et al., Defendants, and CRANE CO., Appellant.

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

Decided October 6, 2016.


The jury's verdict is based on sufficient evidence and is not against the weight of the evidence (see Cohen v Hallmark Cards, 45 N.Y.2d 493, 498-499 [1978]). The evidence adduced at trial demonstrates that, while defendant did not manufacture asbestos, for decades it heavily promoted the use of the type of asbestos insulation to which the decedent was exposed. Further, defendant often sold asbestos products along with its boilers...

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