MATTER OF BLAIR v. BENDIX CORP.


85 N.Y.2d 834 (1995)

647 N.E.2d 1349

623 N.Y.S.2d 841

In the Matter of the Claim of Lois M. Blair, Appellant, v. Bendix Corporation et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1995.


Attorney(s) appearing for the Case

Buckley, Mendleson & Criscione, P. C., Albany (Brendan G. Quinn of counsel), for appellant.

Sullivan, Rehfuss, Cunningham & Brennan, Albany (Christopher R. Lemire of counsel), for Underwriters Adjusting Co., respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Until July 1, 1974, an employee disabled by a dust disease, such as asbestosis, was entitled to workers' compensation only in the event of total disability. Workers' Compensation Law § 39 was amended, effective July 1, 1974, to afford a remedy to any employee disabled, whether partially or completely, as a result of exposure to noxious...

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