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CHASE v. CASSIAR MIN. CORP.

No. 81-CV-1119.

622 F.Supp. 1027 (1985)

Robert J. CHASE, Plaintiff, v. CASSIAR MINING CORPORATION and Raybestos-Manhattan, Defendants.

United States District Court, N.D. New York.

December 3, 1985.

Attorney(s) appearing for the Case

Zwiebel & Brody, P.C., Kingston, N.Y., for plaintiff; Alan S. Zwiebel, of counsel.

O'Connell & Aronowitz, P.C., Albany, N.Y., for defendant Cassiar; Thomas F. Gleason, of counsel.

Morgan, Melhuish, Monaghan, Meyer, Arvidson, Abrutyn & Lisowski, New York City, for defendant Raymark Industries, Inc. [successor in interest to RAYBESTOS-MANHATTAN]; Franklin N. Meyer, of counsel.

MEMORANDUM-DECISION & ORDER

McCURN, District Judge.

Presently before the court is defendant Cassiar Mining Corporation's motion for partial summary judgment limiting its potential liability to those damages attributable to plaintiff's asbestos exposure within three years of commencing this action. For the reasons discussed below defendant's motion is denied.

BACKGROUND

The present suit is a diversity action for personal injury arising...

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