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NOBLE v. A.O. SMITH WATER PRODS. CO.

No. 190074/13, Motion Seq. 001.

2014 NY Slip Op 31719(U)

HARRIET NOBLE and ROBERT BERGER, Plaintiffs, v. A.O. SMITH WATER PRODUCTS CO., et al., Defendants.

Supreme Court, New York County.

June 27, 2014.

DECISION & ORDER

SHERRY KLEIN HEITLER, Judge.

In this asbestos personal injury action, defendant Lennox Industries, Inc. ("Lennox") moves pursuant to CPLR 3212 for summary judgment dismissing the complaint and all other claims asserted against it on the ground that plaintiff Harriet Noble misidentified Lennox water-based boilers as a source of her asbestos exposure. As more fully set forth below Lennox's motion is denied.

Harriet Noble was diagnosed...

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