MATTER OF NEW YORK CITY ASBESTOS LITIGATION

190311/15, 9634B, 9634A, 9634.

173 A.D.3d 529 (2019)

104 N.Y.S.3d 99

2019 NY Slip Op 04870

In the Matter of New York City Asbestos Litigation. Mary Murphy-Clagett, Respondent, v. A.O. Smith Corporation et al., Appellants, et al., Defendants.

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

Decided June 18, 2019.


The jury's finding that, Pietro Macaluso, plaintiff's decedent was exposed to asbestos from the products manufactured by defendants is supported by legally sufficient evidence. The trial court properly permitted Macaluso to refresh his recollection with a list of manufacturers that he helped his counsel draw up in preparation for responding to interrogatories, and the issue whether his memory was properly refreshed was a matter of credibility for the jury to resolve (People...

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