MATTER OF NEW YORK ASBESTOS LITIG.

11148.

180 A.D.3d 620 (2020)

116 N.Y.S.3d 900

2020 NY Slip Op 01392

In the Matter of New York Asbestos Litigation. Elvis Licul et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and Mario & DiBono Plastering Co., Inc., Appellant.

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

Decided February 27, 2020.


Plaintiffs' decedent died of mesothelioma allegedly caused by exposure to asbestos brought home by her husband from his jobsite. Defendant failed to meet its prima facie burden of establishing that decedent "could not have been exposed to its [spray-on fireproofing] products or the asbestos contained therein" (see Matter of New York City Asbestos Litig., 146 A.D.3d 700, 700 [1st Dept 2017...

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