Supreme Court of New York, Appellate Division, Second Department, May 26, 2021
The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary judgment. The plaintiffs appealed.
The plaintiff alleged that exposure to asbestos caused her to develop peritoneal mesothelioma. She claimed she was exposed to the defendants’ flooring products from approximately 1973 …
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