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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

9676, 40000/88, 190413/13.

173 A.D.3d 573 (2019)

103 N.Y.S.3d 92

2019 NY Slip Op 05005

In the Matter of New York City Asbestos Litigation. Claudine DiScala, Respondent, v. Charles B. Chrystal Company, Inc., et al., Defendants, and Whittaker Clark & Daniels, Inc., Appellant.

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

Decided June 20, 2019.

Plaintiff failed to adduce evidence that the decedent was exposed to sufficient levels of asbestos in defendant's talc to cause mesothelioma. Plaintiff's causation expert merely opined that the decedent's exposure to unspecified "detectable" or "significant" levels of asbestos in the talcum product she used caused her mesothelioma. Plaintiff was not required to quantify the decedent's exposure level with exact mathematical precision...

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