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MATTER OF SEVENTH JUD. DIST. ASBESTOS LITIG.

191 Misc.2d 625 (2002)

744 N.Y.S.2d 304

In the Matter of SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION. NORMA I. BALLARD, as Executrix of ROGER W. BALLARD, Deceased, and Individually as the Surviving Spouse of ROGER W. BALLARD, Plaintiff, v. ARMSTRONG WORLD INDUSTRIES, INC., as Successor in Interest to ARMSTRONG CORK COMPANY, et al., Defendants. JAMES J. COOROS et al., Plaintiffs, v. ARMSTRONG WORLD INDUSTRIES, INC., as Successor in Interest to ARMSTRONG CORK COMPANY, et al., Defendants. DAVID DUEMMEL et al., Plaintiffs, v. ARMSTRONG WORLD INDUSTRIES, INC., as Successor in Interest to ARMSTRONG CORK COMPANY, et al., Defendants. ELIZABETH KELLER, as Personal Representative of the Estate of NORBERT C. KELLER, Deceased, and Individually as the Surviving Spouse of NORBERT C. KELLER, Plaintiff, v. ARMSTRONG WORLD INDUSTRIES, INC., as Successor in Interest to ARMSTRONG CORK COMPANY, et al., Defendants.

Supreme Court, Monroe County.

May 21, 2002.

Attorney(s) appearing for the Case

Lipsitz & Ponterio LLC (Neil J. McKinnon of counsel), for plaintiffs.

Malably, Carlisle & Bradley LLC (William T. Miedel of counsel), for CBS Corporation, as successor in interest to Westinghouse Electric Corporation, defendant.

Feldman, Kieffer & Herman LLP (Todd M. Schiffmacher of counsel), for R.E. Hebert & Company, Inc., defendant.

Underberg & Kessler LLP (Suzanne D. Nott of counsel), for Rochester Industrial Insulation, Inc., defendant.

OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

The above referenced index numbers represent four separate actions, commenced by different individuals, or their representatives, asserting claims for personal injury as the result of exposure to asbestos while employed at Eastman Kodak Company. The defendants, excluding several who have filed for bankruptcy protection, are the same in each action, and are alleged to have supplied products, containing asbestos...

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