MATTER OF NEW YORK CITY ASBESTOS LITIGATION

12223, 190421/11

116 A.D.3d 545 (2014)

984 N.Y.S.2d 45

2014 NY Slip Op 2549

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. ALICE KESTENBAUM, Respondent, v. DUREZ CORP. et al., Defendants, and UNION CARBIDE CORPORATION, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 15, 2014.


Plaintiff commenced this action to recover for injuries and resulting death suffered by her decedent husband allegedly due to exposure to products containing asbestos. Although defendant Union Carbide Company did not actually manufacture the finished laminate product, it was alleged to have been the supplier of the asbestos-containing product of which the laminate sheets consisted.

Even assuming defendant met its initial burden of establishing prima facie that its...

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