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McCLOSKEY v. A.O. SMITH WATER PRODS.

Docket No. 190441/12.

2014 NY Slip Op 32326(U)

MARY ANNE McCLOSKEY, as Executrix for the Estate of PATRICK McCLOSKEY, and MARY ANNE McCLOSKEY, Individually, Plaintiffs, v. A.O. SMITH WATER PRODUCTS, et al., Defendants.

Supreme Court, New York County.

August 29, 2014.

Attorney(s) appearing for the Case

Alani Golanski, Esq. , Weitz & Luxenberg, P.C., 700 Broadway, New York, NY 10003, 212-558-5500, for plaintiffs.

John J. Fanning, Esq. , Jeffrey C. Fegan, Esq. , Ryan J. Byrnes, Esq. , Cullen & Dykman LLP, 44 Wall St., New York, NY 10005, E. Leo Milonas, Esq. , David G. Keyko, Esq. , Kerry A. Brennan, Esq. , Pillsbury Winthrop et al., 1540 Broadway, New York, NY 10036, 212-858-1000, for defendant Mario & DiBono.

DECISION AND ORDER

BARBARA JAFFE, Judge.

Defendant Mario & DiBono Plastering Co., Inc. (Mario & DiBono) moves pursuant to CPLR 4404 for an order setting aside the verdict rendered against it at trial. Plaintiffs oppose.

I. BACKGROUND

Patrick McCloskey sued defendant Mario & DiBono and other defendants, claiming that exposure to asbestos from products manufactured or used by them or used at their premises caused him to develop...

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