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MATTER OF NEW YORK CITY ASBESTOS LITIG.

190196/10, 190134/10, 11500.

121 A.D.3d 230 (2014)

990 N.Y.S.2d 174

2014 NY Slip Op 5054

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. RUBY E. KONSTANTIN, Individually and as Executrix of DAVE JOHN KONSTANTIN, Deceased, Respondent, v. 630 THIRD AVENUE ASSOCIATES et al., Defendants, and TISHMAN LIQUIDAING CORPORATION, Appellant. DORIS KAY DUMMITT, Individually and as Executrix of RONALD DUMMITT, Deceased, Respondent, v. A.W. CHESTERTON et al., Defendants, and CRANE Co., Appellant.

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

Decided July 3, 2014.

Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York City ( E. Leo Milonas , David G. Keyko and Anne C. Lefever of counsel), and Patton Boggs LLP, New York City ( John M. Nonna , Larry P. Schiffer and Kate S. Woodall of counsel), for Tishman Liquidating Corporation, appellant.

K & L Gates LLP, New York City ( Michael J. Ross , of the Pennsylvania bar, admitted pro hac vice, Eric R.I. Cottle and Angela DiGiglio of counsel), for Crane Co., appellant.

Belluck & Fox, LLP, New York City ( Seth A. Dymond of counsel), for respondents.

RICHTER and MANZANET-DANIELS, JJ., concur with MAZZARELLI, J.P.; FRIEDMAN, J., dissents in part in a separate opinion in which DEGRASSE, J., concurs.

OPINION OF THE COURT

MAZZARELLI, J.P.

From 1973 to 1977, plaintiff Ruby Konstantin's decedent, Dave John Konstantin (Konstantin) worked as a carpenter at two Manhattan construction sites where defendant Tishman Liquidating Corporation (TLC) was the general contractor. During that time he worked on a regular basis in close proximity to drywall contractors who sanded joint compound, and he was exposed to the dust from the sanding. The pre-mixed compound was...

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