Opinion
2548
December 12, 2002.
Order, Supreme Court, New York County (Helen Freedman, J.), entered October 11, 2001, which, inter alia, denied defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Erik Jacobs Stephen Riegel, for plaintiffs-respondents.
Beth L. Kaufman, for defendant-appellant.
Before: WILLIAMS, P.J., NARDELLI, MAZZARELLI, BUCKLEY, GONZALEZ, JJ.
Defendant's motion for summary judgment dismissing the complaint was properly denied since the parties' conflicting evidentiary submissions raise a material question of fact as to whether plaintiff was exposed to asbestos while working on defendant's products (see Reid v. Georgia-Pac. Corp., 212 A.D.2d 462; cf. Comeau v. W.R. Grace Co., 216 A.D.2d 79).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.