IN RE NEW YORK CITY ASBESTOS LITIGATION MARY ANDRUCKI AS ADMINISTRATRIX FOR THE ESTATE OF GEORGE P. ANDRUCKI, ET AL., plf-res, v. ALUMINUM COMPANY OF AMERICA def, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-ap

10070. IN RE NEW YORK CITY ASBESTOS LITIGATION MARY ANDRUCKI AS ADMINISTRATRIX FOR THE ESTATE OF GEORGE P. ANDRUCKI, ET AL., plf-res, v. ALUMINUM COMPANY OF AMERICA def, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-ap — Segal McCambridge Singer & Mahoney, Ltd., New York (Christian H. Gannon of counsel), for ap — Weitz & Luxenberg, P.C., New York (Daniel T. Horner of counsel), for res — Upon remittitur from the Court of Appeals for consideration of issues raised by not determined on appeal to this Court (NY3d [2014], 2014 NY Slip Op 08053) judgment, Supreme Court, New York County (Martin Shulman, J.), entered January 30, 2012, awarding plaintiffs damages, unanimously affirmed, without costs.

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10070. IN RE NEW YORK CITY ASBESTOS LITIGATION MARY ANDRUCKI AS ADMINISTRATRIX FOR THE ESTATE OF GEORGE P. ANDRUCKI, ET AL., plf-res, v. ALUMINUM COMPANY OF AMERICA def, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-ap — Segal McCambridge Singer & Mahoney, Ltd., New York (Christian H. Gannon of counsel), for ap — Weitz & Luxenberg, P.C., New York (Daniel T. Horner of counsel), for res — Upon remittitur from the Court of Appeals for consideration of issues raised by not determined on appeal to this Court (__NY3d__ [2014], 2014 NY Slip Op 08053) judgment, Supreme Court, New York County (Martin Shulman, J.), entered January 30, 2012, awarding plaintiffs damages, unanimously affirmed, without costs.

This matter was joined for trial with several other mesothelioma actions and scheduled for trial on July 11, 2011. By order to show cause and emergency application dated July 11, 2011, defendant Port Authority of New York and New Jersey sought summary judgment dismissing all the claims and cross claims against it, arguing that plaintiffs had failed to fulfill the conditions precedent to bringing the action because they did not serve a new notice of claim upon the Port Authority when plaintiff’s decedent died. As a result, the Port Authority asserted, the court lacked subject matter jurisdiction.

IN RE NEW YORK CITY ASBESTOS LITIGATION MARY ANDRUCKI AS ADMINISTRATRIX FOR THE ESTATE OF GEORGE P. ANDRUCKI, ET AL., plf-res, v. ALUMINUM COMPANY OF AMERICA def, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, def-ap

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