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POMPONI v. A.O. SMITH WATER PRODS. CO.

Index No. 190101/15. Appeal No. 14982. Case No. 2020-04690.

207 A.D.3d 417 (2022)

172 N.Y.S.3d 680

2022 NY Slip Op 04612

Eileen Pomponi, as Executrix for the Estate of Italo Pomponi, Respondent, v. A.O. Smith Water Products Co. 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—Kern, J.P., Mazzarelli, Gesmer, González, Higgitt, JJ.

Defendant American Biltrite, Inc. (ABI) is the manufacturer of Amtico vinyl floor tile and sheet vinyl flooring that contained asbestos. Plaintiff's decedent, Italo Pompani, was diagnosed with lung cancer in 2014, which led to his death in 2016. The complaint alleges that decedent's exposure to asbestos products, including Amtico floor tiles, contributed to the development of his lung cancer. At his deposition, decedent testified that, at various job sites during his career...

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