MATTER OF NEW YORK CITY ASBESTOS LITIG.

Index Nos. 190020/21, 190307/20, 190163/20, 190147/20, 190254/20, 190041/21, 190165/20, 190336/20, 190007/21, 190226/20, 190316/20, 190220/20, 190183/20. Appeal No. 534. Case Nos. 2022-01639, 2022-01646, 2022-01647, 2022-01648, 2022-01649, 2022-01653, 2022-01997, 2022-01998, 2022-01999, 2022-02000, 2022-02001, 2022-02002, 2022-02003.

217 A.D.3d 557 (2023)

192 N.Y.S.3d 66

2023 NY Slip Op 03399

In the Matter of New York City Asbestos Litigation. Thomas Barlotta, as Administrator of the Estate of Anthony T. Barlotta, Deceased, Respondent, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Christopher P. Campbell, Respondent, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Phillip Catapano et al., Respondents, v. AERCO International, Inc., et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Denise Culberson et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Sabella Danisi, as Administratrix of the Estate of William Danisi, Deceased, et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Donella Droscoski, as Administratrix of the Estate of Thomas Droscoski, Deceased, et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Anthony C. Frankini et al., Respondents, v. AERCO International, Inc., et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Arlene Nora, as Executrix of the Estate of Robert A. Nora, Deceased, et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Luis Robles et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Jeana Robley, as Administratrix of the Estate of Richard Lee Robley, Deceased, et al., Respondents, v. Air & Liquid Systems Corporation et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. William M. Seyler et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. William M. Seyler et al., Respondents, v. ABB, Inc., et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant. Stephanie Sobek, as Administratrix of the Estate of Thomas Sobek, Deceased, et al., Respondents, v. A.O. Smith Water Products Co. et al., Defendants, and PB Heat LLC, Sued Herein as PB Heat, Individually, and as Successor in Interest to Peerless Industries, Appellant.

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

Decided June 22, 2023.


Attorney(s) appearing for the Case

Segal McCambridge Singer & Mahoney, Ltd., New York ( Christian H. Gannon of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Pierre A. Ratzki of counsel), for respondents.

Concur—Kern, J.P., Friedman, Mendez, Rodriguez, JJ.


Orders, Supreme Court, New York County (Adam Silvera, J.), entered March 18, 2022, April 28, 2022, and May 2, 2022, which, to the extent appealed from as limited by the briefs, in these consolidated appeals, denied defendant PB Heat, LLC's motions to dismiss the complaints as against it, unanimously affirmed, without costs.

The court correctly denied PB Heat's motions to dismiss the complaints under CPLR 3211(a)(7), as...

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