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FIFTH DIST. ASBESTOS LITIG.

6 Misc.3d 176 (2004)

784 N.Y.S.2d 829

In the Matter of the FIFTH JUDICIAL DISTRICT ASBESTOS LITIGATION. ALBERT CAPUNA et al., Plaintiffs, v. OWENS-CORNING FIBERGLAS CORP. et al., Defendants. (And 22 Other Actions.)

Supreme Court, Onondaga County.

September 20, 2004.

Attorney(s) appearing for the Case

Salmon, Ricchezza, Singer & Turchi, LLP, New York City (Andrew T. Cupit of counsel), for Metropolitan Life Insurance Company, defendant.

Christopher M. Whyland, Manlius, for plaintiffs.

OPINION OF THE COURT

JAMES W. McCARTHY, J.

The above-referenced matters are before this court pursuant to defendant Metropolitan Life Insurance Company's motion for summary judgment (CPLR 3212). Following the receipt of the parties' submissions, the court reserved decision on August 9, 2004. Having reviewed the voluminous submissions of the parties, for the reasons set forth below, this court makes the following...

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