Appellate Division of the Supreme Court of New York, 1993

Suter v. W.R. Grace & Co.-Conn.

Suter v. W.R. Grace & Co.-Conn.
Appellate Division of the Supreme Court of New York · Decided June 22, 1993
194 A.D.2d 466; 599 N.Y.S.2d 260
Suter v. W.R. Grace & Co.-Conn.

Opinion of the Court

—Order, Supreme Court, New York County (Helen Freedman, J.), entered June 5, 1992, which denied defendant W.R. Grace & Co.-Conn.’s motion for summary judgment, unanimously affirmed, with costs.

Plaintiffs personal affidavit along with other evidence indicates that her late husband was likely exposed to asbestos-containing material which was manufactured by W.R. Grace. Accordingly, questions of fact are raised as to whether said exposure resulted in the death of plaintiffs husband allegedly caused by asbestos-related lung cancer. Summary judgment was properly denied. Concur—Sullivan, J. P., Rosenberger, Asch and Rubin, JJ.

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