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8TH JUD DIST ASBESTOS LITIG

12 Misc.3d 936 (2006)

815 N.Y.S.2d 815

In the Matter of EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION. SUSAN RINDFLEISCH et al., Plaintiffs, v. ALLIEDSIGNAL, INC., Individually and as Successor in Interest to ALLIED CORPORATION, Successor in Interest to the BENDIX CORPORATION, et al., Defendants.

Supreme Court, Erie County.

May 16, 2006.

Attorney(s) appearing for the Case

Duke, Holzman, Yaeger & Photiadis, LLP (Howard E. Berger and Peter G. Ruppar of counsel), for Samuel, Son & Co., Inc., defendant.

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

Smith, Murphy & Schoepperle, LLP (Bonnie T. O'Connor of counsel), for Certain-Teed Corporation, defendant.

OPINION OF THE COURT

JOHN P. LANE, J.

Defendant Samuel, Son & Co., Inc. moves pursuant to CPLR 3211 (a) (7) for dismissal of plaintiffs' amended complaint and cross claims against it. Plaintiffs Susan C. Rindfleisch and Warren Rindfleisch, who married in 1988, allege in their amended complaint that she suffers from mesothelioma as a result of laundering her husband's work clothes from 1984 through 1990, unaware that they were laden with asbestos dust...

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