ZANKOWSKI v. JOHNS-MANVILLE CORP.


204 A.D.2d 1023 (1994)

614 N.Y.S.2d 343

James F. Zankowski et al., as Executors of Edward F. Zankowski, Deceased, Appellants, v. Johns-Manville Corporation et al., Defendants, and Armstrong Cork Company, Respondent

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

May 27, 1994


Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court improperly granted summary judgment to defendant Armstrong World Industries, Inc., incorrectly sued as Armstrong Cork Company (Armstrong) dismissing the complaint against it. Armstrong demonstrated its initial entitlement to judgment in its favor as a matter of law by the tender of evidentiary proof in admissible form that established that...

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