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

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.

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).

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TRONLONE v. Du QUEBEC
(Apr 8, 2003)