Lustenring v. AC&S, Inc

In Lustenring v. AC&S, Inc., 13 AD3d 69 (2004), lv denied 4 NY3d 708 (2005) the Court upheld the trial court's decision entering judgment on a jury verdict in favor of two plaintiffs in an asbestos case. It found that "the evidence showed that both plaintiffs worked all day for long periods in clouds of dust raised specifically by the manipulation and crushing of defendant's packing and gaskets, which were made with asbestos," that "valid expert testimony indicated that such dust, raised from asbestos products and not just from industrial air in general, necessarily contains enough asbestos to cause mesothelioma," and that the defendant's factual disagreement with the plaintiffs' causation theory did not require the holding of a Frye hearing. (Id. at 70).