Vine v. John Manville Sales Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMercure, J.
Plaintiffs commenced this action to recover for damages allegedly sustained as a result of plaintiff Robert J. Vine’s exposure to asbestos products that he installed in buildings owned by defendant Albany City School District (hereinafter defendant). Defendant moved to dismiss the complaint for failure to file a notice of claim in accordance with General Municipal Law §§ 50-i and 50-e or, in the alternative, to dismiss the claims grounded in breach of warranty and strict products liability for failure to state a cause of action. Supreme Court denied defendant’s motion without prejudice to…
2Cases cited4 opinions
- Valstrey Service Corp. v. Board of ElectionsNew York Court of Appeals · 1957
- Haviland v. SmithAppellate Division of the Supreme Court of the State of New York · 1982
- Pioli v. Town of KirkwoodAppellate Division of the Supreme Court of the State of New York · 1985
- State v. Waverly Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1967
3Cited by3 opinions
- Petrucci v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1991
- Vine v. John Manville Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1991
- Motta v. Eldred Cent. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2019