Legal Opinion

Monte v. National Gypsum Co.

Court of Appeals for the Second Circuit

Decided September 17, 1990No. 177, Docket 90-6143PublishedCited by 8 opinions

1Opinion of the Court

RESTANI, Judge:

Nancy Cassese Monte (“appellant”) appeals from an order of the United States District Court for the Eastern District of New York, dated December 29, 1989, Charles P. Sifton, Judge, which granted defendants’1 Motion for Partial Summary Judgment, seeking dismissal of appellant’s wrongful death claim based on the applicable statute of limitations. For the following reasons we affirm the trial court’s ruling.

BACKGROUND

Appellant’s husband, Albert J. Cassese, was exposed to asbestos while employed at the Brooklyn Navy Yard from 1938 to 1947. Mr. Cassese died of asbestosis on November…

2Cases cited10 opinions

  1. Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
  2. Steinhardt v. Johns-Manville Corp.New York Court of Appeals · 1981
  3. Sadowski v. Long Island R.R. Co.New York Court of Appeals · 1944
  4. Florence Wright and Roy Wright v. Carter Products, Inc.Court of Appeals for the Second Circuit · 1957
  5. City of Parma v. Record Revolution, No. 6, Inc.Supreme Court of the United States · 1982

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3Cited by8 opinions

  1. In Re Eastern & Southern Districts Asbestos LitigationDistrict Court, S.D. New York · 1991
  2. Kulzer v. Pittsburgh-Corning Corp.Court of Appeals for the Second Circuit · 1991
  3. In Re Owens-Corning Fiberglas Corp.Court of Appeals for the Second Circuit · 1992
  4. In Re Joint Eastern & Southern District Asbestos LitigationDistrict Court, S.D. New York · 1991
  5. Maiorana v. Owens-Corning Fiberglas Corp.Court of Appeals for the Second Circuit · 1992

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