Matter of New York City Asbestos Litig.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Peter H. Moulton, J.), entered April 12, 2016, which denied defendant Nash Engineering Company’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Defendant failed to establish prima facie that plaintiff’s decedent could not have been exposed to its products or the asbestos contained therein (see Koulermos v A.O. Smith Water Prods., 137 AD3d 575 [1st Dept 2016]). Its reliance on the decedent’s inability to identify its product as a source of his exposure to asbestos is misplaced (see id.; Salerno v…
2Cases cited1 opinion
- Salerno v. Garlock Inc.Appellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- O'Connor v. Aerco International, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of New York Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2020
- Matter of New York City Asbestos Litig.Appellate Division of the Supreme Court of the State of New York · 2019
- Shanahan v. Aerco Intl., Inc.Appellate Division of the Supreme Court of the State of New York · 2019