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NY Court Grants Defendant’s Motion for Summary Judgment Following Improper Service in Illinois Action

Jurisdiction:  Supreme Court of New York, New York County

In a New York City asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment to dismiss plaintiff’s complaint, arguing the plaintiff’s decedent’s deposition testimony could not be used against it at trial. Tishman stated it was a necessary party to an action plaintiff commenced in Illinois and that the use of the decedent’s testimony would constitute inadmissible hearsay. Such testimony would therefore prejudice Tishman in the New York case because Article 16 bars it from presenting evidence of …

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Plaintiff’s Motion for Joint Trial Denied

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

This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions.

In New York, “when actions involving a common question of law or fact are pending before a court, the court, upon motion . . .  may order the actions consolidated.” CPLR §602(a) A joint trial should be denied, however, where individual issues predominate over common issues and where the party opposing the joint trial demonstrates substantial prejudice.

Joinder …

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