BARLOW v. SUN CHEMICAL COMPANY


15 Misc.3d 953 (2007)

838 N.Y.S.2d 387

KATHLEEN CASELLA BARLOW, Individually and as Administratrix of the Estates of FRANK T. CASELLA and Another, Deceased, et al., Plaintiffs, v. SUN CHEMICAL COMPANY et al., Defendants.

Supreme Court, Westchester County.

April 5, 2007.


Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Joseph A. D'Avanzo of counsel), for Sun Chemical Company and another, defendants.

Renzulli Law Firm, LLP, New York City (Douglas J. Bohn of counsel), for Flint Ink and another, defendants.

Landman Corsi Ballaine & Ford P.C., New York City (Mark S. Landman of counsel), for Boise Cascade, LLC, defendant.

Hoagland, Longo, Moran, Dunst & Doukas, LLP, New York City (Bruce W. McKoy of counsel), for Kimberly-Clark Corporation, defendant.

Sedgwick, Detert, Moran & Arnold, LLP, New York City (Lawrence Klein of counsel), for Abitibi-Consolidated Inc., defendant.

Venable LLP, New York City (Lawrence H. Cooke II of counsel), for International Paper, defendant.

Silverstein & Stern, LLP, New York City (Clifford J. Stern of counsel), for Brant-Allen Industries, Inc. and others, defendants.

Bleakley Platt & Schmidt, LLP, White Plains (Andrea J. Smith of counsel), for Bowater Incorporated, defendant.

Peter D. Hoffman, P.C., Katonah (Stuart Goldberg of counsel), for plaintiffs.


OPINION OF THE COURT

WILLIAM J. GIACOMO, J.

Although the time has long passed since the days when the phrase, "no writ-no right," exemplified the difficulties faced by those seeking relief from our courts when highly technical procedural rules created a virtual minefield that a litigant was required to traverse in order to obtain his remedy (see Matter of Fiorini v Parkhurst, 198 Misc....

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