BERGER v. AMCHEM PRODS.


13 Misc.3d 335 (2006)

818 N.Y.S.2d 754

HERMAN BERGER et al., Plaintiffs, v. AMCHEM PRODUCTS et al., Defendants. JUNE M. NYGAARD, as Executrix of ARNOLD NYGAARD, Deceased, et al., Plaintiffs, v. AMCHEM PRODUCTS et al., Defendants.

Supreme Court, New York County.

July 10, 2006.


Attorney(s) appearing for the Case

Thelen Reid & Priest LLP, New York City (Jonathan E. Polonsky, Robert J. Saville and Edward Tobin of counsel), for DaimlerChrysler Corporation, defendant.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City (Robert Deutsch of counsel), for Ford Motor Company and another.

Weitz & Luxenberg, P.C., New York City (Jerry Kristal of counsel), for plaintiffs.


OPINION OF THE COURT

HELEN E. FREEDMAN, J.

In these actions, defendant DaimlerChrysler Corporation moves in limine for (i) an order precluding plaintiffs from offering evidence that exposure to automotive friction products causes asbestos disease in motor vehicle mechanics; and (ii) an order pursuant to CPLR 3212 dismissing plaintiffs' complaints and all cross claims against DaimlerChrysler Corporation in their entirety. Based on the foregoing, both motions...

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