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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

No. 123.

32 N.Y.3d 1116 (2018)

116 N.E.3d 75

91 N.Y.S.3d 784

2018 NY Slip Op 08059

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. MARY JUNI, Individually and as Administratrix of the Estate of ARTHUR H. JUNI, JR., Deceased, Appellant, v. A.O. SMITH WATER PRODUCTS CO. et al., Defendants, and FORD MOTOR COMPANY, Respondent.

Court of Appeals of New York.

Decided November 27, 2018.

Attorney(s) appearing for the Case

Weitz & Luxenberg, P.C., New York City (Alani Golanski of counsel), for appellant.

McGuire Woods, LLP, Richmond, Virginia (J. Tracy Walker, IV, of the Virginia bar, admitted pro hac vice, and Tennille J. Checkovich of counsel), and Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Nancy L. Pennie of counsel), for respondent.

Lipsitz & Ponterio, LLC, Buffalo (John Ned Lipsitz of counsel), for Philip J. Landrigan and others, amici curiae.

Nathan A. Schachtman, Esq., P.C., New York City (Nathan A. Schachtman of counsel), and Crowell & Moring, LLP, Washington, D.C. (William L. Anderson, of the District of Columbia bar, admitted pro hac vice, of counsel), for Coalition for Litigation Justice, Inc., and others, amici curiae.

Belluck & Fox, L.L.P., New York City (Seth A. Dymond of counsel), for Military-Veterans Advocacy, Inc., amicus curiae.

Atlantic Legal Foundation, Harrison (Martin S. Kaufman of counsel), for John Henderson Duffus and others, amici curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Viewing the evidence in the light most favorable to plaintiff, the evidence was insufficient as a matter of law to establish that defendant Ford Motor Company's conduct was a proximate cause of the decedent's injuries pursuant to the standards set forth in Parker v Mobil Oil Corp. (

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