Refermat v. A.C. & S., Inc.

Appeal from an order of the Supreme Court, Erie County (James B. Kane, J.H.O.), entered March 18, 2004. The order denied the motion of defendant Duch Builders Supply, Inc. for summary judgment dismissing the second amended complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: In this action plaintiff seeks to recover damages for the injuries and wrongful death of decedent allegedly resulting from his exposure to asbestos contained in products sold by Henry R. Duch. Supreme Court properly denied the…