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MATTER OF ASBESTOS LITIG

9 Misc.3d 306 (2005)

797 N.Y.S.2d 743

In the Matter of SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION. DOROTHY A. DeMEYER, Individually and as Executrix of DAVID D. DeMEYER, Deceased, Plaintiff, v. ADVANTAGE AUTO, a Division of HAHN AUTOMOTIVE WAREHOUSE, INC., et al., Defendants. HAHN AUTOMOTIVE WAREHOUSE, INC., Third-Party Plaintiff, v. GARLOCK SEALING TECHNOLOGIES LLC, Formerly Known as GARLOCK, INC., Third-Party Defendant.

Supreme Court, Wayne County.

June 27, 2005.

Attorney(s) appearing for the Case

Gibson, McAskill & Crosby, LLP, Buffalo (Terrance P. Flynn of counsel), and Thelen, Reid & Priest, LLP, San Francisco, California (Ronald Lopez and Robert J. Saville, admitted pro hac vice, of counsel), for DaimlerChrysler Corporation, defendant.

Weitz & Luxenberg, P.C., New York City (Jerry Kristal and Thomas M. Comerford of counsel), for plaintiff.

OPINION OF THE COURT

RAYMOND E. CORNELIUS, J.

David A. DeMeyer died on December 29, 2004, after having commenced a personal injury action against the above-named defendants, based upon claims of occupational exposure to asbestos products. Thereafter, Dorothy A. DeMeyer, executrix for the estate of her late spouse, was substituted as plaintiff, and the complaint was amended to include a cause of action for wrongful death. Pursuant to a scheduling order, as...

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