In re Eighth Judicial District Asbestos Litigation

OPINION OF THE COURT

James B. Kane, J.

Plaintiffs in the Eighth Judicial District asbestos litigation move for a pretrial determination that unspecified portions of the United States Environmental Protection Agency’s "Final Rule on Asbestos” (Final Rule), published in the Federal Register on July 12, 1989 (54 Fed Reg 29460) be admitted at future trials.

In support of their motion, plaintiffs cite the "well-recognized exception to the rule against hearsay” at common law for public and official documents (Fed Rules Evid, rule 803 [8]; CPLR 4520, 4540).

Defendants oppose the motion, arguing that the…