GLOD v. ASHLAND CHEM. CO.


145 Misc.2d 200 (1989)

James Glod et al., Plaintiffs, v. Ashland Chemical Company, Division of Ashland Oil, Inc., et al., Defendants.

Supreme Court, Oswego County.

August 22, 1989


Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Edward J. Burns of counsel), for Eastman Chemical Products, Inc., defendant. Coulter, Fraser, Ames, Bolton, Bird & Ventre (Andrew T. Velonis of counsel), for Raffi & Swanson, Inc., defendant. Harris, Beach, Wilcox, Reuben & Levey (William L. Dorr of counsel), for General Printing Inks, defendant. Thorn & Gershon (Robin Bartlett Phelan of counsel), for Ashland Chemical Company and another, defendants. Martin, Clearwater & Bell (Spencer L. Studwell of counsel), for Morton Tiokol, Inc., defendant. Hancock & Estabrook (Doreen A. Simmons of counsel), for Converters Ink Co., Inc., and others, defendants. Smith, Mazure, Director & Wilkins, P. C. (Marc H. Pillinger of counsel), for American Inks & Coatings Corp., defendant. Costello, Cooney & Fearon (Frances A. Ciardullo of counsel), for Upaco Adhesives, defendant. Mousaw, Vigdor, Reeves, Heilbronner & Kroll (Jeffrey L. Taylor of counsel), for National Starch & Chemical Corp., defendant. Alderman & Alderman (Steven B. Alderman of counsel), for plaintiffs.


ROBERT G. HURLBUTT, J.

All defendants, acting through counsel for defendant Eastman Chemical Products, Inc., move for an order dismissing plaintiffs' complaint upon various grounds and pursuant to various subdivisions of CPLR 3211 (a). Essentially, dismissal is sought on two bases — facial deficiencies in the complaint amounting to failure to state a cause of action (CPLR 3211 [a] [7]), and failure to...

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