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MATTER OF NEW YORK CITY ASBESTOS LITIG.

Index No. 190328/17. Appeal No. 14875-14875A. Case No. 2020-04856. 2020-04860.

207 A.D.3d 415 (2022)

171 N.Y.S.3d 503

2022 NY Slip Op 04611

In the Matter of New York City Asbestos Litigation. Donna A. Olson et al., Respondents, v. Brenntag North America, Inc., et al., Defendants, and Johnson & Johnson et al., Appellants.

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

Decided July 19, 2022.

Attorney(s) appearing for the Case

Orrick, Herrington & Sutcliffe LLP, New York (E. Joshua Rosenkranz of counsel), for appellants.

Levy Konigsberg LLP, New York (Jerome H. Block of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

At trial, plaintiffs failed, as a matter of law, to carry their burden "to establish sufficient exposure to a substance to cause the claimed adverse health effect" (Nemeth v Brenntag N. Am., ___ NY3d ___, ___, 2022 NY Slip Op 02769, *1 [2022] [internal quotation marks omitted]; see also Parker v Mobil Oil Corp., 7 N.Y.3d 434, 448 [2006] [proof of causation in a toxic tort case must establish "a plaintiff's exposure to a toxin...

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