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NEMETH v. BRENNTAG N. AM.

No. 24.

38 N.Y.3d 336 (2022)

194 N.E.3d 266

173 N.Y.S.3d 511

2022 NY Slip Op 02769

FRANCIS NEMETH, Individually and as Personal Representative of the Estate of FLORENCE NEMETH, Respondent, v. BRENNTAG NORTH AMERICA, as Successor in Interest to WHITTAKER, CLARK & DANIELS, INC., et al., Defendants, and WHITTAKER, CLARK & DANIELS, INC., Appellant.

Court of Appeals of New York.

Decided April 26, 2022.

Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York City ( Bryce L. Friedman , Eamonn Campbell and Stephanie Hon of counsel), for appellant.

Belluck & Fox, LLP, New York City ( Seth A. Dymond of counsel), and Levy Konigsberg LLP, New York City ( Robert I. Komitor , Renner K Walker and Jerome H. Block of counsel), for respondent.

Crowell & Moring LLP, New York City ( Gary A. Stahl of counsel) and Washington D.C. ( William L. Anderson of counsel), for Chamber of Commerce of the United States of America and another, amici curiae.

Gordon & Rees Scully Mansukhani LLP, New York City ( Jacob C. Cohn , Erik C. DiMarco and Mohammad M. Hague of counsel), Foley & Mansfield, PLLP,) New York City ( Stephen Novakidis of counsel), Patterson Belknap Webb & Tyler LLP, New York City ( Thomas P. Kurland of counsel), and Goldberg Segalla LLP, Newark, New Jersey ( David E. Rutkowski of counsel), for Colgate-Palmolive Company and others, amici curiae.

Simmons Hanly Conroy, LLC, New York City ( Olivia P Kelly of counsel), for Richard L. Kradin and others, amici curiae.

OPINION OF THE COURT

Plaintiff's spouse used a commercial talcum powder daily for a period of more than 10 years during the 1960s and early 1970s. Decades later, she developed mesothelioma and died as a result. Plaintiff brought this action, alleging that use of the cosmetic powder was a proximate cause of decedent's illness...

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