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MILLER v. AKRON PAINT & VARNISH, INC.

254 A.D.2d 464 (1998)

679 N.Y.S.2d 316

Creighton E. Miller, as Administrator of The Estate of John F. Tempone, Deceased, Appellant, v. Akron Paint & Varnish, Inc., et al., Respondents

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

October 26, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The court properly dismissed the plaintiff's second amended complaint (see, Miller v John A. Keeffe, P. C., 164 A.D.2d 933). That complaint failed to allege specifically how the exposure of the plaintiff's decedent to benzene...

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