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![]() Lower court providently reduced award of $15 million/$15 million to estate/widower to $6 million/$600,000 and found that supplier failed to make out prima facie cases against all settling defendants except manufacture, only including manufacture on verdict sheet with jury finding 50/50 manufacture/supplier. Lower court incorrectly deducted actual amount paid by settling defendants other than manufacturer under Gen Obl. Law §15-108 and judgment increased by that amount. Plaintiff counsel’s remarks during lengthy summation misstating statement of one expert, that trial judge had him clarify, were not so pervasive, egregious, or obdurate as to deprive defendant of a fair trial. Nemeth v Brenntag N. Am. Comment: This lengthy decision provides an excellent example of how to approach proof where precise calculation is impossible, even outside the realm of asbestos cases, with a detailed explanation of the difference between generally accepted methods and opinions under Frye. |
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![]() Comment: Proper method to challenge dismissal for default under 202.27 is to move to vacate default which can be appealed if denied. |
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