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FINERTY v. ABEX CORP.

No. 1.

27 N.Y.3d 236 (2016)

51 N.E.3d 555

32 N.Y.S.3d 44

2016 NY Slip Op 03411

MARY FINERTY, Individually and as Executor of RAYMOND FINERTY, Deceased, Respondents, v. ABEX CORPORATION, Formerly Known as AMERICAN BRAKE SHOE COMPANY, et al., Defendants, and FORD MOTOR COMPANY, Appellant. (And Another Action.)

Court of Appeals of New York.

Decided May 3, 2016.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, New York City (Anton Metlitsky of counsel), O'Melveny & Myers LLP, Washington, D.C. (Jonathan D. Hacker and Brittney Lane of counsel), and Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Elliott J. Zucker of counsel), for appellant.

Levy Konigsberg, LLP, New York City (James M. Kramer, Robert I. Komitor and Brendan J. Tully of counsel), for respondents.

Orrick, Herrington & Sutcliffe LLP, New York City (E. Joshua Rosenkranz and Matthew L. Bush of counsel), and U.S. Chamber Litigation Center, Inc., Washington, D.C., for Chamber of Commerce of the United States of America, amicus curiae.

Chief Judge DIFIORE and Judges ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur; Judge RIVERA taking no part.

OPINION OF THE COURT

Plaintiff claims that he was exposed to asbestos during the 1970s and 1980s while replacing asbestos-containing brakes, clutches and engine parts on Ford tractors and passenger vehicles in Ireland. In 1985, plaintiff emigrated to Queens, New York, and, years later, was diagnosed with peritoneal mesothelioma...

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