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FUSARO v. PORTER-HAYDEN CO.

145 Misc.2d 911 (1989)

Laura Fusaro, as Administratrix of The Estate of John Wakshinsky, Deceased, Plaintiff, v. Porter-Hayden Company, Individually and as Successor to H. W. Porter and Co. and Another, et al., Defendants.

Supreme Court, New York County.

November 29, 1989

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker (E. Paul Dougherty and Robert Joyce of counsel), for H. & A. Construction Corp. and others, defendants. Anderson Kill Olick & Oshinsky (Amalia Pena of counsel), for Armstrong World Industries, Inc., and others, defendants. Wilentz Goldman & Spitzer (Kevin Berry of counsel), for plaintiff.

HELEN FREEDMAN, J.

INTRODUCTION

In the context of motions to dismiss and strike claims for injuries allegedly caused by exposure to asbestos products, this court is called upon to deal with the interplay of the various Statutes of Limitations now applicable to toxic tort claims and to determine whether the "second-injury rule" shall apply to the asbestos litigation now burgeoning in New York.

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