PISTONE v. AMERICAN BILTRITE, INC.

2018-06602. Index No. 607637/15.

194 A.D.3d 1085 (2021)

2021 NY Slip Op 03341

Victoria Pistone et al., Appellants, v. American Biltrite, Inc., et al., Respondents, et al., Defendants. (And Third-Party Actions.)

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 26, 2021.


Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY ( Brian J. Isaac , Kyle A. Shamberg , and Mark Bibro of counsel), for appellants.

Manning Gross + Massenburg LLP, New York, NY ( Robert C. Creighton , John J. Kurowski , David J. Fisher , and Justin Reinhardt of counsel), for respondent American Biltrite, Inc.

Hawkins Parnell & Young, LLP, New York, NY ( Erich J. Gleber of counsel), for respondent Mannington Mills, Inc.

Dillon, J.P., Hinds-Radix, Duffy and Iannacci, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the separate motions of the defendants American Biltrite, Inc., and Mannington Mills, Inc., which were for summary judgment dismissing the complaint insofar as asserted against each of them are denied.

The plaintiff Victoria Pistone (hereinafter the plaintiff), and her husband suing derivatively, commenced this action against, among others, the defendants...

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