Weinke v. Asbestos Corp., Ltd.

2026 NY Slip Op 00694

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 11, 2026
• Docket: 112 CA 24-01456
• Status: Published

Opinion

Weinke v Asbestos Corp., Ltd. (2026 NY Slip Op 00694)

Weinke v Asbestos Corp., Ltd.

2026 NY Slip Op 00694

Decided on February 11, 2026

Appellate Division, Fourth 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 February 11, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: BANNISTER, J.P., MONTOUR, SMITH, NOWAK, AND DELCONTE, JJ.

112 CA 24-01456

[*1]VICTORIA H. WEINKE AND RICHARD L. CARLSON, CO-EXECUTORS OF THE ESTATE OF THOMAS L. CARLSON, DECEASED, PLAINTIFFS,

v

ASBESTOS CORPORATION, LTD., A CORPORATION OF THE PROVINCE OF QUEBEC, ET AL., DEFENDANTS. (ACTION NO. 1.)

MERLE C. CHAPIN AND IRENE CHAPIN, HIS SPOUSE, PLAINTIFFS,

v

ASBESTOS CORPORATION, LTD., A CORPORATION OF THE PROVINCE OF QUEBEC, ET AL., DEFENDANTS. (ACTION NO. 2.)

ARLENE M. DIERMYER, ADMINISTRATOR OF THE ESTATE OF JAMES R. DIERMYER, SR., DECEASED AND INDIVIDUALLY AS THE SURVIVING SPOUSE OF JAMES R. DIERMYER, SR., PLAINTIFF,

v

ASBESTOS CORPORATION, LTD., A CORPORATION OF THE PROVINCE OF QUEBEC, ET AL., DEFENDANTS. (ACTION NO. 3.)

NANCY A. MATIKOSH, EXECUTOR OF THE ESTATE OF SAMUEL MATIKOSH, JR., DECEASED, AND INDIVIDUALLY AS THE SURVIVING SPOUSE OF SAMUEL MAKITOSH, JR., PLAINTIFF,

v

ASBESTOS CORPORATION, LTD., A CORPORATION OF THE PROVINCE OF QUEBEC, ET AL., DEFENDANTS. (ACTION NO. 4.)

NANCY M. MUIR, AS EXECUTOR OF THE ESTATE OF JOSEPH L. MUIR, DECEASED, PLAINTIFF-RESPONDENT,

v

AIR & LIQUID SYSTEMS CORPORATION, AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, INC., ET AL., DEFENDANTS. (ACTION NO. 5.)

KENNETH C. ZUHR AND CAROL ANN ZUHR, HIS SPOUSE, PLAINTIFFS,

v

ASBESTOS CORPORATION, LTD., A CORPORATION OF THE PROVINCE OF QUEBEC, ET AL., DEFENDANTS. (ACTION NO. 6.) HEDMAN RESOURCES LIMITED, DEFENDANT-APPELLANT.

CLYDE & CO US LLP, NEW YORK CITY (PETER J. DINUNZIO OF COUNSEL), FOR DEFENDANT-APPELLANT.

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

Appeal from an order of the Supreme Court, Erie County (Raymond W. Walter, J.), entered August 23, 2024, in a personal injury action. The order, inter alia, denied the motion of defendant Hedman Resources Limited to vacate a judgment obtained in action No. 5.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Richards v Hedman Resources Ltd., 204 AD3d 1407, 1407-1409 [4th Dept 2022]).

Entered: February 11, 2026

Ann Dillon Flynn

Clerk of the Court