
    In the Matter of Eighth Judicial District Asbestos Litigation. Dolores M. Ackerman, as Executrix of Donald E. Ackerman, Deceased, and Individually as the Surviving Spouse of Donald E. Ackerman, Respondent, v Asbestos Corporation, Ltd., Appellant, et al., Defendants.
    [815 NYS2d 872]
   Appeal from an order of the Supreme Court, Niagara County (James B. Kane, J.H.O.), entered August 4, 2005. The order denied the motion of defendant Asbestos Corporation, Ltd. for summary judgment dismissing the complaint against it.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs (see Bille v Hedman Resources, 274 AD2d 955 [2000]). Present— Pigott, Jr., PJ., Hurlbutt, Scudder, Green and Hayes, JJ.  