APW, Inc. v. Marx Realty & Improvement Co.

—Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered July 17, 2000, which, inter alia, only conditionally granted defendants’ motions to dismiss plaintiffs’ claim for lost profits pursuant to CPLR 3126, and denied defendants’ motions for partial summary judgment dismissing plaintiffs’ claims for asbestos-related damages, lost profits and punitive damages, unanimously modified, on the law, to grant defendants’ motion for partial summary judgment insofar as to dismiss plaintiffs’ claims for punitive damages, and otherwise affirmed, without costs.

The motion court exercised…