FISCHER v. AMERICAN BILTRITE, INC.

190271/16. 11633A. 11633.

184 A.D.3d 446 (2020)

126 N.Y.S.3d 16

2020 NY Slip Op 03277

Dona Fischer et al., Appellants, v. American Biltrite, Inc., et al., Defendants, and Burnham LLC, Respondent.

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

Decided June 11, 2020.


In connection with a motion for summary judgment in an action based on exposure to asbestos, defendant has the initial burden of showing "unequivocally" that its product could not have contributed to the causation of decedent's asbestos-related injury (see Shanahan v Aerco Intl., Inc., 172 A.D.3d 534, 534 [1st Dept 2019]; see also Matter of New York City Asbestos Litig., 116 A.D.3d 545 [1st Dept 2014]).

Defendant Burnham...

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