IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. (1998)

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

IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. Viola D. TAKACS, As Executrix of The Estate of J. Charles Takacs, Deceased, And Individually As Surviving Spouse of J. Charles Takacs, Respondent, v. ASBESTOSPRAY CORPORATION, et al., Defendants, Master Builders, Inc., Individually and as Successor in Interest to Mac Naughton Brooks, Inc., Appellant.

Decided: November 13, 1998

Before GREEN, J.P., and PIGOTT, BALIO and FALLON, JJ.

Hodgson, Russ, Andrews, Woods (Lisa Coppola) by David Palzgraf, Buffalo, for Defendant-Appellant. Lipsitz & Ponterio, LLC by John Lipsitz, Buffalo, for Plaintiffs-Respondents.

Plaintiff commenced this action to recover for personal injuries and wrongful death resulting from the exposure of plaintiff's decedent to asbestos-containing products manufactured and distributed by the predecessor of Master Builders, Inc. (defendant). Supreme Court properly denied the motion of defendant for summary judgment dismissing the complaint against it. Defendant failed in the first instance to establish that its product could not have contributed to the causation of the injury and death of plaintiff's decedent (see, Reid v. Georgia-Pacific Corp., 212 A.D.2d 462, 463, 622 N.Y.S.2d 946; cf., Comeau v. W.R. Grace & Co.-Conn., 216 A.D.2d 79, 80, 628 N.Y.S.2d 72).

Order unanimously affirmed with costs.

MEMORANDUM:

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