LOVAGLIO v. A.W. CHESTERTON CO.

No. 190210/09, Mot. Seq. No. 003.

2012 NY Slip Op 31890(U)

NICHOLAS LOVAGLIO and DOROTHY LOVAGLIO, Plaintiffs, v. A.W. CHESTERTON CO., et al., Defendants.

Supreme Court, New York County.

July 12, 2012.


DECISION AND ORDER

SHERRY KLEIN HEITLER, Judge.

In this asbestos-related personal injury action, defendant John J. Doody & Son, Inc., ("Doody") moves pursuant to CPLR 3212 for summary judgment dismissing the complaint and all cross-claims asserted against it. For the reasons set forth below, the motion is denied.

BACKGROUND

Plaintiff Nicholas Lovaglio, now deceased, was diagnosed with mesothelioma in March of...

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