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MATTER OF NEW YORK CITY ASBESTOS LITIGATION

Index No. 190446/14. Appeal No. 13620. Case No. 2020-03234.

193 A.D.3d 559 (2021)

146 N.Y.S.3d 617

2021 NY Slip Op 02373

In the Matter of New York City Asbestos Litigation. Frank M. Salzano et al., Respondents, v. Air & Liquid Systems Corporation et al., Defendants, and Kaiser Gypsum Company, Inc., Appellant.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith, LLP, New York ( Nicholas Hurzeler of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondents.

Concur—Webber, J.P., Kern, Oing, González, JJ.

Plaintiffs failed to identify defendant's products as the source of the decedent's alleged exposure to asbestos (see Matter of New York City Asbestos Litig., 216 A.D.2d 79, 80 [1st Dept 1995]; Schiraldi v U.S. Min. Prods., 194 A.D.2d 482, 483 [1st Dept 1993]). The only evidence in the record of such a nexus is the inadmissible hearsay statement of a coworker of the decedent and his son when...

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