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The plaintiff, representing a decedent exposed to asbestos from 1950-1993 and later diagnosed with asbestosis and mesothelioma, brought suit against Eastern Refractories Co., Inc. The plaintiff alleged the decedent's exposure was due to Eastern's ERCO-Mat product while employed at Syracuse University. Eastern moved for summary judgment, asserting it did not supply asbestos-containing products to the university during the relevant period. However, the plaintiff presented conflicting deposition testimony from the decedent and an Eastern employee, indicating that ERCO-Mat blankets contained asbestos and were supplied by Eastern. The appellate court found that the Supreme Court erred in granting summary judgment, as the plaintiff successfully raised a triable issue of fact, leading to the reversal of the lower court's order, denial of the summary judgment motion, and reinstatement of the complaint against Eastern Refractories Co., Inc.
Root v. Eastern Refractories Co. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
The plaintiff, representing a decedent exposed to asbestos from 1950-1993 and later diagnosed with asbestosis and mesothelioma, brought suit against Eastern Refractories Co., Inc. The plaintiff alleged the decedent's exposure was due to Eastern's ERCO-Mat product while employed at Syracuse University. Eastern moved for summary judgment, asserting it did not supply asbestos-containing products to the university during the relevant period. However, the plaintiff presented conflicting deposition testimony from the decedent and an Eastern employee, indicating that ERCO-Mat blankets contained asbestos and were supplied by Eastern. The appellate court found that the Supreme Court erred in granting summary judgment, as the plaintiff successfully raised a triable issue of fact, leading to the reversal of the lower court's order, denial of the summary judgment motion, and reinstatement of the complaint against Eastern Refractories Co., Inc.
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