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

Docket No. 190358/12, Motion Seq. No. 003.

2013 NY Slip Op 33443(U)

JOANN GARBUTT, Individually and as Administratrix for the Estate of JOHN GARBUTT, Plaintiffs, v. A.O. SMITH WATER PRODUCTS CO., et al., Defendants.

Supreme Court, New York County.

January 2, 2014.

DECISION & ORDER

SHERRY KLEIN HEITLER, Judge.

This motion is decided in accordance with the memorandum decision.

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 plaintiffs' decedent John Garbutt could not have been exposed to asbestos from a Lennox boiler because it did not...

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