Matter of Eighth Jud. Dist. Asbestos Litigation
2012 NY Slip Op 01985 [93 AD3d 1236]
March 16, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 25, 2012


In the Matter of Eighth Judicial District Asbestos Litigation. Linda Fischer, as Executor of Robert A. Freiheit, Deceased, Respondent,
v
American Premium Underwriters, Inc., Formerly Known as the Penn Central Corporation, et al., Defendants, and Kohler Co., Appellant.

—[*1] Hoagland, Longo, Moran, Dunst & Doukas, LLP, New York City (Wendy R. Kagan of counsel), for defendant-appellant.

Lipsitz & Ponterio, LLC, Buffalo (Dennis P. Harlow of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.H.O.), entered January 4, 2011. The order denied the motion of defendant Kohler Co. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Fahey, Lindley, Sconiers and Martoche, JJ.