Shuman v. Abex Corp.

Appellate Division of the Supreme Court of New York

Shuman v. Abex Corp.

266 A.D.2d 878, 698 N.Y.S.2d 207, 1999 N.Y. App. Div. LEXIS 11734

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1999

StatusPublished

Cited by1 cases

This text of 266 A.D.2d 878 (Shuman v. Abex Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shuman v. Abex Corp., 266 A.D.2d 878, 698 N.Y.S.2d 207, 1999 N.Y. App. Div. LEXIS 11734 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order and judgment unanimously reversed on the law with costs, motion denied and complaint and cross claims against defendant Navistar International Transportation Corporation, f/k/a International Harvester, reinstated. Memorandum: Supreme Court [879]*879erred in granting the motion of Navistar International Transportation Corporation, f/k/a International Harvester (defendant) for summary judgment dismissing the complaint and cross claims against it. Plaintiffs commenced this action seeking damages resulting from the exposure of Thomas R. Shuman (plaintiff) to asbestos fibers released from defendant’s products. Defendant failed to establish that its product could not have contributed to the causation of plaintiffs injury (see, Matter of Eighth Judicial Dist. Asbestos Litig., 255 AD2d 1002; see also, Reid v Georgia-Pacific Corp., 212 AD2d 462, 463). (Appeal from Order and Judgment of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present— Lawton, J. P., Hayes, Pigott, Jr., Hurlbutt and Balio, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Order and judgment unanimously reversed on the law with costs, motion denied and complaint and cross claims against defendant Navistar International Transportation Corporation, f/k/a International Harvester, reinstated. Memorandum: Supreme Court [879]*879erred in granting the motion of Navistar International Transportation Corporation, f/k/a International Harvester (defendant) for summary judgment dismissing the complaint and cross claims against it. Plaintiffs commenced this action seeking damages resulting from the exposure of Thomas R. Shuman (plaintiff) to asbestos fibers released from defendant’s products. Defendant failed to establish that its product could not have contributed to the causation of plaintiffs injury (see, Matter of Eighth Judicial Dist. Asbestos Litig., 255 AD2d 1002; see also, Reid v Georgia-Pacific Corp., 212 AD2d 462, 463). (Appeal from Order and Judgment of Supreme Court, Onondaga County, Murphy, J. — Summary Judgment.) Present— Lawton, J. P., Hayes, Pigott, Jr., Hurlbutt and Balio, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

266 A.D.2d 878, 698 N.Y.S.2d 207, 1999 N.Y. App. Div. LEXIS 11734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shuman-v-abex-corp-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack