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ARANA v. A.O. SMITH WATER PRODS. CO.

Index No. 190261/19. Appeal No. 16681. Case No. 2021-04739.

210 A.D.3d 517 (2022)

176 N.Y.S.3d 772

2022 NY Slip Op 06542

Victor Arana, as Administrator of the Estate of Gloria M. Maryn, Deceased, Respondent, v. A.O. Smith Water Products Co. et al., Defendants, and J-M Manufacturing Company, Inc., Appellant.

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

Decided November 17, 2022.

Attorney(s) appearing for the Case

Manning Gross + Massenburg, LLP, New York ( Anna Hwang of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondent.

Concur—Kern, J.P., Scarpulla, Rodriguez, Pitt, Higgitt, JJ.

Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about October 8, 2021, which, to the extent appealed from, denied the motion of defendant J-M Manufacturing Company (JMM) for summary judgment dismissing the complaint as against it, unanimously modified, on the law, to dismiss plaintiff's punitive damages demand, and otherwise affirmed, without costs.

Defendant is a former distributor of asbestos cement...

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