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Boiler Manufacturer’s Motion to Dismiss Denied

Court: Supreme Court of New York, New York County (NYCAL)

In this asbestos action, boiler defendant Burnham LLC was sued for a variety of claims, including failure to warn, loss of consortium, and punitive damages. Burnham moved to dismiss the claims, arguing the plaintiff failed to plead with particularity.

A motion to dismiss for failure to state a claim “will generally depend upon whether or not there was substantial compliance with CPLR 3013”; that is, if the allegations are not “sufficiently particular to give the …

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