Parties Set to Argue in 3rd Party Duty-of-Care Dispute

NEW YORK -- A hearing to address a non-employee duty-of-care dispute was scheduled to go forward Sept. 13, sources said. Holdampf, et al. v. ACandS, et al., No. 3478/04 (N.Y. Ct. App.).

The appeal to be heard by the New York Court of Appeals will address whether the N.Y. Port Authority owed a duty to the wife of a Port Authority employee, who allegedly developed mesothelioma after years of washing her husband's work clothing.

Plaintiffs Elizabeth and John Holdampf allege that John Holdampf's work as a mechanic for the Port Authority exposed him to asbestos. Elizabeth Holdampf further claims that …