Matter of New York City Asbestos Litig.

Matter of New York City Asbestos Litig. 2013 NY Slip Op 08529 Decided on December 24, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 24, 2013
Tom, J.P., Saxe, DeGrasse, Richter, Clark, JJ.
11198 190149/11

[*1]In re New York City Asbestos Litigation

Gail Herlihy, etc., Plaintiff-Respondent,

v

A.F. Supply Corp., et al., Defendants, Munaco Packing & Rubber Co., Inc., of South Carolina, Defendant-Appellant.






Steven L. Keats, Mineola, for appellant.
Wilentz, Goldman & Spitzer, P.A., New York (Kush Shukla of
counsel), for respondent.

Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered January 7, 2013, which denied defendant Munaco Packing & Rubber Co., Inc., of South Carolina's motion to dismiss the complaint and all cross-claims against it for lack of personal jurisdiction, and granted plaintiffs' request for jurisdictional discovery, unanimously affirmed, without costs.

Plaintiff's decedent allegedly was injured during his employment in New York by his exposure to asbestos materials produced by a New York corporation that was the predecessor in interest to defendant Munaco, a South Carolina corporation (Munaco SC). The record contains sufficient evidence to support a finding that Munaco SC may be subject to successor jurisdiction (see Schumacher v Richards Shear Co., 59 NY2d 239, 244-245 [1983]).Further, we find that jurisdictional discovery is not necessary given our decision (see CPLR 3211[d]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 24, 2013

DEPUTY CLERK