FEINBERG v. COLGATE-PALMOLIVE CO.

190070/11.

2012 NY Slip Op 50515(U)

ARLENE FEINBERG AND JACOB FEINBERG, Plaintiffs, v. COLGATE-PALMOLIVE CO., ET AL., Defendants.

Supreme Court, New York County.

Decided March 22, 2012.


Attorney(s) appearing for the Case

ROBERT KOMITOR, ESQ. , AUDREY P. RAPHAEL, ESQ. , JAMES M. KRAMER, ESQ. , Levy Phillips & Konigsberg, DIOGENES P. KEKATOS, ESQ. , Seeger Weiss , Attorneys for Plaintiff.

ADAM M. ABENSOHN , CHRISTINE CHUNG, ESQ. , Quinn Emanuel , Attorneys for Defendant.


SHERRY KLEIN HEITLER, J.

In this personal injury action, defendant Colgate-Palmolive Co. ("Colgate") moves pursuant to CPLR § 3211(a)1 to dismiss plaintiffs' claim that Colgate failed to provide plaintiff Arlene Feinberg ("Plaintiff") with an adequate warning of the hazards associated with asbestos on the label for its Cashmere Bouquet talcum powder product on the ground that Plaintiff's claim is preempted by federal law. For the...

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