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In Re: Eighth Judicial District Asbestos Litigation. v. American Premium Underwriters

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION.
LINDA FISCHER, AS EXECUTOR OF THE ESTATE OF ROBERT A. FREIHEIT, DECEASED,
PLAINTIFF-RESPONDENT,
v.
AMERICAN PREMIUM UNDERWRITERS, INC., FORMERLY KNOWN AS THE PENN CENTRAL CORPORATION, ET AL.,
DEFENDANTS,
AND
KOHLER CO.,
DEFENDANT-APPELLANT.

Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.H.O.), entered January 4, 2011.

Matter of Eighth Jud. Dist. Asbestos Litigation.

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 16, 2012

PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, AND MARTOCHE, JJ.

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.

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

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