PROVINI v. ASBESTOSPRAY CORP.


822 A.2d 627 (2003)

360 N.J. Super. 234

Angela J. PROVINI, Executrix of the Estate of Charles R. Provini, Deceased, Plaintiff-Appellant, v. ASBESTOSPRAY CORPORATION and H & A Construction, its successors; Sprayon Insulation and Acoustics, Inc.; Sprayon Research Corporation; Spraydon Corp., NV of Curaco; American Energy Concepts, Inc.; American Energy Products Corp; United States Mineral Products Company; Keene Corporation; Robert A. Keansbey Company; Empire-Ace Insulation Manufacturing Co.; US Gypsum Co.; Turner and Newall Limited; Spraycraft Corporation; Smith and Kenzler Corporation II; Asbestos Products Manufacturing Corporation; Leonard J. Buck Company; Armstrong Contracting & Supply, Inc., Defendants, MFS, Inc.; Dana Corporation, Defendants-Respondents, Structural Coatings, Inc., Defendants-Respondents/Cross-Appellants.

Superior Court of New Jersey, Appellate Division.

Decided May 16, 2003.


Attorney(s) appearing for the Case

Kenneth E. Joel, Keyport, argued the cause for appellant.

Carolyn F. O'Connor, Newark, argued the cause for respondent MFS, Inc. (Wilson, Elser Moskowitz, Edelman & Dicker, attorneys; Ms. O'Connor, of counsel and on the brief; Joseph T. Hanlon and Anthony H. Lowenberg, on the brief).

John DeQ. Briggs, (Howrey, Simon, Arnold & White) of the District of Columbia bar, admitted pro hac vice argued the cause for respondent Dana Corporation (Picillo, Caruso O'Toole, attorneys; Kevin O'Toole, of counsel.

Stephen V. McHugh, Cherry Hill, argued the cause for respondents/ cross-appellants Structural Coatings, Inc. (Kent and McBride, attorneys; Mr. McHugh, of counsel and on the brief).

Before Judges PETRELLA, PARKER and BILDER.


The opinion of the court was delivered by PARKER, J.A.D.

Plaintiff appeals from a grant of summary judgment dismissing the complaint against Structural Coatings, Inc. (SCI), MFS, Inc. (MFS) and Dana Corporation (Dana) in this wrongful death/product liability complaint based upon asbestos exposure. Plaintiff also appeals from denial of her motion for leave to file a fifth amended complaint. SCI cross-appeals from denial of summary judgment on the ground of successor...

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