IZBICKI v. ADVANCE AUTO SUPPLY

Docket No. 190140/13, Motion Seq. 009.

2015 NY Slip Op 30147(U)

MADELINE E. IZBICKI, Individually and as Executrix of the Estate of DONALD J. IZBICKI, Sr., deceased, Plaintiffs, v. ADVANCE AUTO SUPPLY, et al., Defendants.

Supreme Court, New York County.

January 28, 2015.


DECISION & ORDER

SHERRY KLEIN HEITLER, Judge.

In this asbestos personal injury action, defendant J.R. Clarkson Co., sued herein as the successor by merger to IMI Cash Valve, Inc. ("Cash"), moves pursuant to CPLR 3212 for summary judgment dismissing the complaint and all cross-claims asserted against it on the ground that plaintiffs' decedent Donald Izbicki misidentified Cash valves as a source of his exposure. In the alternative, Cash moves for partial...

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