PROCTOR v. ALCOA, INC.

Docket No. 190040/13, Motion Seq. No. 008.

2014 NY Slip Op 32255(U)

JAMES AUGUSTUS PROCTOR and JOY C. PROCTOR, Plaintiffs, v. ALCOA, INC., et al, Defendants.

Supreme Court, New York County.

August 21, 2014.


DECISION & ORDER

SHERRY KLEIN HEITLER, Judge.

In this asbestos personal injury action, defendant Duro Dyne Corporation ("Duro Dyne") moves pursuant to CPLR 3212 for summary judgment dismissing the complaint and all cross-claims asserted against it on the ground that plaintiffs have failed to show that any of the Duro Dyne products plaintiff James Proctor allegedly encountered actually contained asbestos.

Summary judgment is a drastic remedy that...

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