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GARNER v. NGC BODILY INJURY TRUST

No. 11-CV-6567-CJS.

GAIL GARNER as Administratrix of the Estate of Angelo Palermo, Plaintiff, v. NGC BODILY INJURY TRUST, Defendant.

United States District Court, W.D. New York.

August 15, 2012.

Attorney(s) appearing for the Case

Michael J. Crosby, Esq. , Honeoye, NY, for Plaintiff.

Judith A. Yavitz, Esq. , Darger Errante Yavitz & Blau LLP, New York, NY, for Defendants.

DECISION & ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Siragusa, J. This diversity asbestos litigation case is before the Court on Defendant's motion to dismiss, filed on April 4, 2012, ECF No. 9, and Plaintiff's cross-motions for (1) leave to amend, filed May 9, 2012, ECF No. 18, and (2) leave to file sur-reply, filed June 12, 2012, ECF No. 23. For the reasons stated below, Defendant's motion to dismiss is granted...

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