Order, Supreme Court, New York County (Helen E. Freedman, J.), entered November 6, 2003, which denied defendant Keasbey Company’s motion for summary judgment, unanimously affirmed, without costs.
Plaintiffs decedent, who died in 2003, contracted mesothelioma allegedly from exposure to asbestos-laden dust from as early as the 1960s, while employed as an ironworker. He asserted claims for negligence and strict products liability against Keasbey, a commercial and industrial insulation subcontractor that has acknowledged having sold or distributed insulation materials that contained asbestos. The summary judgment motion was grounded on the absence of any evidence in the record that it ever sold or distributed any asbestos-containing products specifically used at a work site where decedent was employed.
Keasbey challenges the motion court’s consideration of proof that would be inadmissible at trial, including deposition testimony offered in other unrelated cases and unauthenticated hearsay invoices and records. However, evidence otherwise excludable at trial may be considered in opposition to a motion for summary judgment as long as it does not become the sole basis for the court’s determination (Navedo v 250 Willis Ave. Supermarket,
Plaintiff has presented sufficient evidence, not all of which is hearsay, to warrant a trial. We have considered defendant’s other arguments and find them unavailing. Concur—Tom, J.P., Saxe, Lerner, Marlow and Gonzalez, JJ.
