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IN THE MATTER OF NEW YORK CITY ASBESTOS LITIGATION

15 A.D.3d 254 (2005)

789 N.Y.S.2d 484

In the Matter of NEW YORK CITY ASBESTOS LITIGATION. DONNA VAN NOCKER, as Personal Representative of the Estate of PETER M. DEMMERLE, Deceased, Appellant, v. A.W. CHESTERTON CO. et al., Defendants, and HARDIE-TYNES CO., INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 2005.

During his military service between 1957 and 1972, plaintiff's decedent allegedly was exposed to asbestos in products manufactured by (among others) Hardie-Tynes Manufacturing Company (Old H-T), a Delaware corporation with its principal place of business in Alabama.1 On December 31, 1997, Old H-T sold substantially all of its operating assets, for $1 million cash, to defendant-respondent Hardie-Tynes Co., Inc. (New H-T), an Alabama corporation...

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