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MATTER OF NEW YORK CITY ASBESTOS LITIG. v. AERCO INTERNATIONAL INC.

Index No. 190011/17. Appeal No. 13907. Case No. 2020-04707.

194 A.D.3d 625 (2021)

144 N.Y.S.3d 360

2021 NY Slip Op 03291

In the Matter of New York City Asbestos Litigation. Michelle Shanahan, Individually and as Executrix for the Estate of Arthur Shanahan, Deceased, Respondent, v. Aerco International, Inc. et al., Defendants, and Mario & DiBono Plastering Co., Inc., Appellant.

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

Decided May 25, 2021.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York ( Jeffrey C. Fegan of counsel), for appellant.

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

Concur—Renwick, J.P., Webber, González, Scarpulla, JJ.

The court properly denied M&D's summary judgment motion since it failed to unequivocally establish that the materials it used could not have contributed to plaintiff's injury (see Matter of New York City Asbestos Litig., 122 A.D.3d 520, 521 [1st Dept 2014]; Reid v Georgia-Pacific Corp., 212 A.D.2d 462, 463 [1st Dept 1995]). In light of the decedent's testimony, which M&D submitted...

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