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MATTER OF NEW YORK CITY ASBESTOS LITIG.

Index No. 190063/16. Appeal No. 12925. Case No. 2020-02378.

190 A.D.3d 589 (2021)

136 N.Y.S.3d 722

2021 NY Slip Op 00372

In the Matter of New York City Asbestos Litigation. Seval Morgan, Individually and as Proposed Executrix for Bernd Hildebrand, Deceased, Respondent, v. American Home Assurance Company, Inc., et al., Defendants, and Port Authority of New York and New Jersey, Appellant.

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

Decided January 21, 2021.

Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, Ltd., New York ( Michael J. McKeown of counsel), for appellant.

Meirowitz & Wasserberg, LLP, New York ( Kush Shukla of counsel), and Shrader & Associates, Houston TX ( Bradley Peek , of the bar of the State of Texas, admitted pro hac vice, of counsel), for respondent.

Concur—Renwick, J.P., Manzanet-Daniels, Kapnick, Kern, Kennedy, JJ.

Plaintiff's decedent, who died in 2015, allegedly contracted malignant pleural sarcomatoid mesothelioma as a result of exposure to asbestos-containing products in the course of his employment with Pan American World Airways, Inc. (Pan Am) at John F. Kennedy International Airport in the 1970s. There are at least issues of fact as to whether defendant "had the authority to control the activity bringing about the injury," "namely, the application of asbestos-containing materials...

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