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EIGHTH JUD. DIST. ASBESTOS

No. 36.

33 N.Y.3d 488 (2019)

129 N.E.3d 891

105 N.Y.S.3d 353

2019 NY Slip Op 04640

In the Matter of the EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. DONALD J. TERWILLIGER, Administrator of the Estate of DONALD R. TERWILLIGER, Deceased, Appellant, v. BEAZER EAST, INC., Formerly Known as KOPPERS COMPANY, INC., et al., Defendants, and HONEYWELL INTERNATIONAL, INC., Successor in Interest to the WILPUTTE COKE OVEN DIVISION OF ALLIED CHEMICAL CORPORATION, Respondent.

Court of Appeals of New York.

Decided June 11, 2019.

Attorney(s) appearing for the Case

Lipsitz & Ponterio, LLC, Buffalo ( John N. Lipsitz and Dennis P. Harlow of counsel), for appellant.

Harris Beach PLLC, Pittsford ( Victoria A. Graffeo , Svetlana K. Ivy , A. Vincent Buzard and Nicholas C. Roberts of counsel), for respondent.

Ernstrom & Dreste, LLP, Rochester ( Kevin F. Peartree of counsel), for Builders Exchange, Inc. and others, amici curiae.

OPINION OF THE COURT

Plaintiff Donald J. Terwilliger, as administrator of the estate of decedent Donald R. Terwilliger, brought this negligence and products liability action against defendant Honeywell, as successor in interest to the Wilputte Coke Oven Division of the Allied Chemical...

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