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MATTER OF NEW YORK CITY ASBESTOS LITIG.

9861. 190041/18.

174 A.D.3d 461 (2019)

101 N.Y.S.3d 847

2019 NY Slip Op 05631

In the Matter of New York City Asbestos Litigation. Leonard Carriero et al., Respondents, v. Amchem Products, Inc., Now Known as Rhone Poulenc AG Company and Another, et al., Defendants, and Harris Corporation, Appellant.

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

Decided July 11, 2019.

Viewing the evidence in the light most favorable to plaintiffs as nonmovants (Vega v Restani Constr. Corp., 18 N.Y.3d 499, 503 [2012]), we find that Harris Corporation failed to establish prima facie entitlement to summary judgment.

Defendant cannot meet its initial burden on summary judgment by "merely point[ing] to perceived gaps in plaintiff[s'] proof, rather than submitting evidence showing why his claims fail" (Ricci...

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