In re Fifth Judicial District Asbestos Litigation

OPINION OF THE COURT

James W. McCarthy, J.

*177The above-referenced matters are before this court pursuant to defendant Metropolitan Life Insurance Company’s motion for summary judgment (CPLR 3212). Following the receipt of the parties’ submissions, the court reserved decision on August 9, 2004. Having reviewed the voluminous submissions of the parties, for the reasons set forth below, this court makes the following findings of fact and conclusions of law.

Findings of Fact:

The facts underlying the 23 plaintiffs’ claims against the defendant are not in dispute, and find their genesis in a claimed…