WEXLER v. A.O. SMITH WATER PROD. CO.

No. 190223/11, Motion Seq. No. 001.

2012 NY Slip Op 31796(U)

ROBERT N. WEXLER and BETSY WEXLER, Plaintiffs, v. A.O. SMITH WATER PRODUCTS CO., et al., Defendants.

Supreme Court, New York County.

July 2, 2012.


SHERRY KLEIN HEITLER, Judge.

In this asbestos-related personal injury action, defendant Rain Bird Corporation ("Rain Bird") moves pursuant to CPLR 3211(a)(1) to dismiss the complaint against it on the ground that it has a defense founded upon documentary evidence. For the reasons set forth below, the motion is denied.

BACKGROUND

On June 14, 2011, Robert Wexler and his wife Betsy Wexler filed this action to recover for personal injuries caused by...

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