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COCKINOS v. GAF CORP.

259 N.J. Super. 204 (1992)

611 A.2d 1154

JILL PHILLIPS COCKINOS, INDIVIDUALLY AND AS ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF JOHN A. PHILLIPS, DECEASED, PLAINTIFF, v. GAF CORPORATION, ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division, Middlesex County.

Decided May 29, 1992.

Attorney(s) appearing for the Case

Philip A. Tortoreti (Garruto, Galex & Cantor attorneys) for plaintiff; Jane B. Cantor, on the brief.

Scott I. Fegley (Goldfein & Joseph, attorneys) for defendant, Asbestos Corporation, Ltd. Bell Asbestos Mines.

Frank H. Carpentier (Carton, Witt, Arvanitis & Bariscillo, attorneys) for defendant, Flintkote.

LERNER, J.S.C.

This matter comes before the court on a motion for summary judgment to dismiss plaintiff's claims for wrongful death. The claim was asserted in an amended complaint filed more than two years after decedent's death.

Plaintiff's decedent, John Phillips, (hereinafter Phillips), filed a complaint on 12/3/87. Phillips alleged that he had not yet been diagnosed with asbestos disease; however, an examination...

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