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REFERMAT v. A.C. AND S., INC.

15 A.D.3d 928 (2005)

789 N.Y.S.2d 576

PATRICIA D. REFERMAT, Individually and as Executrix of RICHARD M. REFERMAT, Deceased, Respondent v. A.C. and S., INC. (ARMSTRONG CONTRACTING & SUPPLY), et al., Defendants, and DUCH BUILDERS SUPPLY, INC., Appellant.

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

February 4, 2005.

Memorandum: In this action plaintiff seeks to recover damages for the injuries and wrongful death of decedent allegedly resulting from his exposure to asbestos contained in products sold by Henry R. Duch. Supreme Court properly denied the motion of Duch Builders Supply, Inc. (defendant) seeking summary judgment dismissing the second amended complaint against it. Defendant failed to establish as a matter of law that it is not liable for the torts of Henry R. Duch, its predecessor...

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