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TEDESCO v. A.P. GREEN INDUS.

8 N.Y.3d 243 (2007)

864 N.E.2d 65

832 N.Y.S.2d 141

LENA C. TEDESCO, Individually and as Executrix of FRANK TEDESCO, Deceased, Respondent, v. A.P. GREEN INDUSTRIES, INC., et al., Defendants, and INSULATION DISTRIBUTORS, INC., Respondent and Third-Party Plaintiff-Respondent. E.I. DUPONT DE NEMOURS AND COMPANY, Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided February 22, 2007.

Attorney(s) appearing for the Case

Lipsitz & Ponterio, LLC, Buffalo (John Ned Lipsitz and Anne E. Joynt of counsel), for Lena C. Tedesco, respondent.

Damon & Morey LLP, Buffalo (Amy Archer Flaherty and Carol G. Snider of counsel), for Insulation Distributors, Inc., respondent and third-party plaintiff-respondent.

Phillips Lytle LLP, Buffalo (Paul F. Jones, Lisa L. Smith, J. Michael Lennon, Jessica M. Lazarin and Jacqueline Phipps Polito of counsel), for third-party defendant-appellant.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and READ concur; Judges PIGOTT and JONES taking no part.

OPINION OF THE COURT

SMITH, J.

We hold that a dissolved corporation may, as part of winding up its affairs, bring a third-party claim for indemnity or contribution in an action arising out of predissolution events.

Facts and Procedural History

Insulation Distributors, Inc. (IDI) was a distributor of products containing asbestos, and as a result became a defendant in a number of lawsuits....

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