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MATTER OF NEW YORK CITY ASBESTOS LITIG.

Index No. 190225/18, Appeal No. 1944-1945, Case Nos. 2023-01490, 2023-06327.

2024 NY Slip Op 02788

IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION. SINAR SEEN, ETC., Plaintiff-Respondent, 84 LUMBER COMPANY, ET AL., Defendants, KAISER GYPSUM COMPANY, INC., Defendant-Appellant.

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

Decided May 21, 2024.

Attorney(s) appearing for the Case

Clyde & Co US LLP, New York ( Peter J. Dinunzio of counsel), for appellant.

Simmons Hanly Conroy LLP, New York ( James M. Kramer of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Kapnick, González, Pitt-Burke, JJ.

Judgment, Supreme Court, New York County (Suzanne J. Adams, J.), entered November 2, 2023, upon a jury verdict awarding plaintiff $15,000,000 million for past pain and suffering and finding defendant Kaiser Gypsum Company, Inc. 70% liable, and bringing up for review an order, same court and Justice, entered March 16, 2023, which denied Kaiser's post-trial motion pursuant to CPLR 4404 and 5501(a), unanimously modified, on the law and the facts, to vacate the award for pain...

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