Jarzabek v. Johns-Manville Corp.

—Order unanimously affirmed with costs. Memorandum: This action was commenced on March 18, 1981 to recover damages for injuries sustained by plaintiff’s decedent as the result of his exposure to asbestos between 1950 and 1978. During the pendency of the action, the toxic tort revival statute was enacted (L 1986, ch 682, § 4). The statute provides, in pertinent part, that “every action for personal injury * * * or death caused by the latent effects of exposure to * * * asbestos * * * which is barred as of the effective date of this act [July 30, 1986] or which was dismissed prior to the…