MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION

1321 CA 10-02145

92 A.D.3d 1259 (2012)

938 N.Y.S.2d 715

2012 NY Slip Op 1048

In the Matter of EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. STEPHEN DRABCZYK, as Executor of RONALD DRABCZYK, Deceased, Respondent, v. FISHER CONTROLS INTERNATIONAL, LLC, Appellant.

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

Decided February 10, 2012.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the award of punitive damages and as modified the judgment is affirmed without costs.

Memorandum: Defendant appeals from a judgment awarding plaintiff compensatory and punitive damages in this wrongful death action based upon the exposure of plaintiff's decedent to asbestos contained in valves produced by defendant. The evidence presented at trial established that...

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