Root v. Eastern Refractories Co.

Appeal from an order of the Supreme Court, Onondaga County (James W. McCarthy, A.J.), entered October 17, 2003. The order granted the motion of defendant Eastern Refractories Co., Inc., for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant Eastern Refractories Co., Inc., is reinstated.

Memorandum:

Plaintiffs decedent allegedly was exposed to asbestos during over 40 years of employment as a journeyman insulator…