Category: New York

Supreme Court of New York, New York County, May 19, 2021

Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, and that there is no evidence that any Goodyear brand floor tile with which decedent may have worked actually contained asbestos. The plaintiffs oppose the motion.

The court noted that …

Supreme Court of New York, Appellate Division, Second Department, May 26, 2021

The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary judgment. The plaintiffs appealed.

The plaintiff alleged that exposure to asbestos caused her to develop peritoneal mesothelioma. She claimed she was exposed to the defendants’ flooring products from approximately 1973 …

Supreme Court of New York, New York County, May 11, 2021

The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his career. Mr. Smith testified during his deposition that he was exposed to asbestos dust during his work with these products. Ericsson moved for summary judgment arguing that the plaintiff failed …

Supreme Court of New York, New York County, May 10, 2021

Before the court is defendant National Grid Generation LLC d/b/a National Grid’s motion for summary judgment, pursuant to CPLR 3212, for a finding in favor of National Grid on the grounds that there is no merit to the allegations in the plaintiff’s complaint against National Grid, and there are no triable issues of fact against National Grid. 

By way of background, this matter arises from Alvin Smith’s (the decedent) diagnosis of malignant mesothelioma, which the …

Supreme Court of the State of New York, Nassau County, May 12, 2021

The plaintiff in this matter was a career auto-mechanic. He alleged asbestos exposure from car parts manufactured by various defendants, including Ford and Mercedes, caused his lung cancer.

Ford and Mercedes each filed summary judgement motions alleging that (1) the plaintiff could not establish specific exposure and (2) that the causation opinions of the plaintiff’s experts should be precluded. Ford sought an order for a Frye hearing while Mercedes sought a hearing …

Supreme Court of New York, New York County

In this asbestos action, the decedent, Donald Avakian, was diagnosed with lung cancer in August 2017 and subsequently passed away in June 2019. The decedent contended that he worked with asbestos-containing products throughout his career, including friction products and floor tiles.

Two defendants moved for summary judgment. They argued that the plaintiff cannot establish general or specific causation against them. Specifically, the floor tile defendant set forth that “plaintiff has not offered any scientific evidence to prove …