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BROOKLYN UNION GAS CO. v. AAER SPRAYED INSULATIONS, INC.

158 A.D.2d 292 (1990)

Brooklyn Union Gas Company, Respondent, v. Aaer Sprayed Insulations, Inc., a Division of Rogers Insulation and Roofing Company, Inc., Defendants, and Babcock & Wilcox Company et al., Appellants

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

February 6, 1990

In this action, which arises from the presence of asbestos in several facilities belonging to plaintiff, Brooklyn Union Gas Company, plaintiff initially served a summons with notice only upon the approximately 100 defendants. Fifty-seven of them, including appellants, made demands for the complaint pursuant to CPLR 3012 (b). Plaintiff eventually served a complaint, but not until after the 20-day period provided in CPLR 3012 (b) had expired. The service ranged from about two...

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