Zankowski v. Johns-Manville Corp.

—Order unanimously reversed on the law without costs, motion denied and complaint reinstated. Memorandum: Supreme Court improperly granted summary judgment to defendant Armstrong World Industries, Inc., incorrectly sued as Armstrong Cork Company (Armstrong) dismissing the complaint against it. Armstrong demonstrated its initial entitlement to judgment in its favor as a matter of law by the tender of evidentiary proof in admissible form that established that decedent was not exposed to asbestos-containing products supplied by Armstrong to decedent’s employer. The burden then shifted to…