Opinion
April 11, 1995
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
An issue of fact exists whether the decedent was exposed to defendant's predecessor's asbestos-containing products in 1963 while aboard The USS Waller in the Norfolk Naval Shipyard. The testimony of a worker who spent over 30 years at the Norfolk Shipyard that defendant's predecessor's products were customarily used at that shipyard during the relevant time, together with testimony of the decedent's brother and shipmate that the decedent was exposed to asbestos in 1963 when The USS Waller was drydocked for overhaul at the Norfolk Naval Shipyard, set forth "facts and conditions from which defendants' liability may be reasonably inferred" (Matter of New York City Asbestos Litig. [Brooklyn Nav. Shipyard Cases], 188 A.D.2d 214, 225, affd 82 N.Y.2d 821; see also, Reid v Georgia-Pacific Corp., 212 A.D.2d 462; Matter of New York City Asbestos Litig. [Salerno v Garlock Inc.], 212 A.D.2d 463).
Concur — Wallach, J.P., Asch, Nardelli, Tom and Mazzarelli, JJ.