FISCHER, LINDA v. AMERICAN PREMIUM UNDERWRITERS, INC.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department CA 11-01911

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

IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS

LITIGATION. ----------------------------------------------

LINDA FISCHER, AS EXECUTOR OF THE ESTATE OF

ROBERT A. FREIHEIT, DECEASED, ORDER PLAINTIFF-RESPONDENT,

V

AMERICAN PREMIUM UNDERWRITERS, INC., FORMERLY

KNOWN AS THE PENN CENTRAL CORPORATION, ET AL.,

DEFENDANTS,

AND KOHLER CO., DEFENDANT-APPELLANT.

HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP, NEW YORK CITY (WENDY R. KAGAN OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ & PONTERIO, LLC, BUFFALO (DENNIS P. HARLOW OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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