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DYER v. AMCHEM PRODS. INC.

Index No. 190039/17. Appeal No. 13739. Case No. 2020-03086.

207 A.D.3d 408 (2022)

171 N.Y.S.3d 498

2022 NY Slip Op 04609

Kenneth J. Dyer, as Administrator for the Estate of Kenneth C. Dyer, Respondent, v. Amchem Products Inc. et al., Defendants, and American Biltrite Inc., Appellant.

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

Decided July 19, 2022.

Attorney(s) appearing for the Case

Manning Gross + Massenburg, LLP, New York (Justin A. Reinhardt of counsel), for appellant.

Weitz & Luxenberg, P.C., New York (Alani Golanski of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.

Defendant American Biltrite, Inc. (ABI), seeks summary judgment on the issue of causation in this asbestos exposure litigation. For reasons more fully discussed herein, we hold that ABI made out a prima facie case that during his lifetime, plaintiff was not exposed to sufficient quantities of respirable asbestos from ABI's product to cause his particular lung cancer. More particularly, ABI established that any respirable asbestos emitted when its product was cut, scored or...

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