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MATTER OF NEW YORK CITY ASBESTOS LITIGATION v. BMW OF NORTH AMERICA, LLC

4599, 190087/14.

154 A.D.3d 441 (2017)

60 N.Y.S.3d 822

2017 NY Slip Op 06982

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. WALTER MILLER, Respondent, v. BMW OF NORTH AMERICA, LLC, et al., Defendants, and HENNESSY INDUSTRIES, Appellant.

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

Decided October 5, 2017.

In this asbestos litigation arising from plaintiff's use of a grinder manufactured and designed by defendant Hennessy Industries' subsidiary, Ammco, plaintiff's expert testimony was sufficient to establish that plaintiff's use of that grinder on automobile brake linings caused his exposure to asbestos dust in sufficient quantities to cause his mesothelioma (see Sean R. v BMW of N. Am., LLC, 26 N.Y.3d 801, 808 [2016]; cf. Matter...

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