SMITH v. A.C. AND S

Docket No. 126765/02, Motion Seq. No. 002.

2012 NY Slip Op 32633(U)

BEATRICE SMITH, as Executrix of the Estate of WILLIS R. GAVIGAN, Plaintiff, v. A.C. and S, et al., Defendants.

Supreme Court, New York County.

Filed October 17, 2012.


DECISION & ORDER

SHERRY KLEIN HEITLER, Judge.

In this asbestos-related personal injury action, defendant Courter & Co. ("Coulter") moves pursuant to CPLR 3212 for summary judgment dismissing the complaint and all cross-claims asserted against it. For the reasons set forth below, the motion is denied.

BACKGROUND

Plaintiff's decedent Willis Gavigan is alleged to have developed asbestos related pleural disease...

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