Legal Opinion

New York City Asbestos Litigation v. A C & S, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 29, 2005PublishedCited by 4 opinions

1Opinion of the Court

Judgment (Gomez) and revised judgment (Wiegman), Supreme Court, New York County (Louis B. York, J.), respectively entered June 15 and August 26, 2004, which awarded plaintiffs damages after a jury trial, unanimously affirmed, without costs.

Defendants-appellants’ claim that a Frye hearing should have been held is without merit. The link between asbestos and disease is well documented, and the parties merely differed as to whether the asbestos contained in this particular product could be released in respirable form so as to cause disease. Since the parties argued over causation, no novel…

2Cases cited1 opinion

  1. Gayle v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by4 opinions

  1. Juni v. A.O. Smith Water ProductsNew York Supreme Court · 2015
  2. Berger v. Amchem ProductsNew York Supreme Court · 2006
  3. Matter of New York City Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of New York City Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2017

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