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IN THE MATTER OF EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION

14 Misc.3d 235 (2006)

824 N.Y.S.2d 861

In the Matter of EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. JANICE L. GOSSEL, Individually and as Executrix of HENRY G. GOSSEL, Deceased, Plaintiff, v. BEAZER EAST, INC., as Successor in Interest to KOPPERS COMPANY, INC., et al., Defendants.

Supreme Court, Erie County.

September 27, 2006.

Attorney(s) appearing for the Case

Greenberg, Traurig, LLP (Robert J. Kirshenberg of counsel), and Shook Hardy & Bacon, LLP (Christopher V. Cotton and James Berger of counsel), for Lorillard Tobacco Company, defendant.

Nutter, McLennen & Fish, LLP (Francis R. Powell of counsel), and Damon & Morey LLP (Peter Marlette of counsel), for Hollingsworth & Vose Company, defendant.

Marin Goodman, LLP (Cassandra H. Pelissier-Donovan of counsel), for Foseco, Inc., defendant.

Walsh Roberts & Grace (Mark Della Posta and Keith N. Bond of counsel), for Hudson Plastering Corporation, defendant.

Feldman, Kieffer & Herman, LLP (Mary Jo Herrscher and Mark S. Nemeth of counsel), for Ferro Engineering and others, defendants.

Lipsitz & Ponterio, LLC (John N. Lipsitz, Michael A. Ponterio and John P. Comerford of counsel), for plaintiffs.

OPINION OF THE COURT

JOHN P. LANE, J.

Defendants Lorillard Tobacco Company, Hollingsworth & Vose Company, Foseco, Inc., Hudson Plastering Corporation, Ferro Engineering Division, a division of Oglebay Norton Company, Beazer East, Inc., and Mader Plastering Corporation move and cross-move to transfer this action to the Seventh Judicial District. They base their motions on CPLR 510 (2), which provides that the court, upon motion, may change the place of...

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