Wooden judge gavel, close-up view.

Court Denies Defendant’s Motion for Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

In this matter, Rockwell Automation, Inc. sought to dismiss the action against them on grounds that the plaintiff was not exposed to asbestos from burners manufactured by its predecessor, Timken-Detroit Axle Company.

When it comes to making a determination as related to a summary judgment motion, the court’s role is “issue-finding, rather than issue-determination.” Sillman v Twentieth Century-Fox Film Corp., 3 NY2d 395, 404, 144 N.E.2d 387, 165 N.Y.S.2d 498 (1957) “The proponent of a summary …

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