TRONLONE v. Du QUEBEC, 99 N.Y.2d 647 (2003)

790 N.E.2d 269

LUCY TRONLONE, C., RESPONDENT, v. LAC D’AMIANTE Du QUEBEC, LTEE, C., APPELLANT, AND GARLOCK, INC., ET AL., DEFENDANTS.

97Court of Appeals of the State of New York.
Decided April 8, 2003.

Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered September 17, 2002, which, with two Justices dissenting, affirmed an order of the Supreme Court (Helen Freedman, J.), entered in New York County, denying a motion by a defendant for summary judgment dismissing the complaint. The following question was certified by the Appellate Division: “Was the order of this Court, which affirmed the order of the Supreme Court, properly made?”

Tronlone v. Lac d’Amiante Du Quebec, 297 A.D.2d 528, affirmed.

Submitted by Allan Young, for appellant.

Submitted by Robert I. Komitor, for respondent.

Chief Judge Kaye and Judges Smith, Ciparick, Wesley, Rosenblatt and Graffeo concur.

MEMORANDUM:

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In this wrongful death action, plaintiff submitted sufficient proof in opposition to defendant’s motion for summary judgment to create a triable issue of fact as to whether asbestos fibers manufactured by the defendant were supplied to decedent’s employer during his tenure there. Accordingly, summary judgment was properly denied under the relevant law of either New Jersey or New York.

Page 648

On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, and certified question answered in the affirmative, in a memorandum.

Judge Read dissents and votes to reverse for the reasons stated in the dissenting memorandum at the Appellate Division (297 A.D.2d 528, at 529-531).