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KILLIAN v. A.C. & S., INC.

Index No. 114345/02. Appeal No. 13732. Case No. 2020-03894.

207 A.D.3d 414 (2022)

172 N.Y.S.3d 19

2022 NY Slip Op 04610

Julia Mary Killian, as Administrator of the Estate of Charles Grunert, Deceased, Respondent, v. A.C. and S., Inc. (Armstrong Contracting & Supply), et al., Defendants, and American Biltrite Inc., Appellant.

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

Decided July 19, 2022.

Attorney(s) appearing for the Case

Manning Gross + Massenburg, LLP, New York ( Justin A. Reinhardt of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Alani Golanski of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

Plaintiff Charles L. Grunert (decedent) was diagnosed with lung cancer in March 2016 and died in April 2018. The complaint alleges that decedent's exposure to asbestos products, including Amtico floor tiles manufactured by defendant American Biltrite, Inc. (ABI), contributed to the development of his cancer. At his deposition, decedent, a carpenter, testified that he was exposed to asbestos at numerous times in his life, including when he installed vinyl floor tiles.

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