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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

9664, 190187/15.

173 A.D.3d 519 (2019)

103 N.Y.S.3d 391

2019 NY Slip Op 04777

In the Matter of New York City Asbestos Litigation. Kristian Nichole Gibson, as Executrix for the Estate of Wayne Gibson, Deceased, Respondent, v. Air & Liquid Systems Corporation et al., Defendants, and Mack Trucks, Inc., Appellant.

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

Decided June 13, 2019.

The court properly denied defendant's motion to dismiss the complaint based upon a lack of personal jurisdiction. The defense was forfeited by not denying general jurisdiction with specificity in the answer (see Buckeye Retirement Co., L.L.C., Ltd. v Lee, 41 A.D.3d 183, 184 [1st Dept 2007]; McGowan v Hoffmeister, 15 A.D.3d 297 [1st Dept 2005]).

A party seeking dismissal on the grounds...

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