Category: New York

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 …

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

Defendant Gare Incorporated filed this instant motion for summary judgment pursuant to CPLR 3212. The plaintiffs allege that Lorraine Berger’s (the decedent) June 22, 2018 diagnosis of mesothelioma was causally connected to her asbestos exposure from Gare asbestos-containing products. Gare’s motion contends that Gare has no liability for claims or litigation based on events occurring before July 21, 1983.

Here, Gare avers that it cannot be held liable for the decedent’s exposure to Gare products …

Supreme Court of New York, New York County

Defendant Cleaver-Brooks, Inc. filed a motion for summary judgment contending plaintiff John B. Daly, Jr. failed to produce any evidence that he was exposed to asbestos as a result of work on or in the proximity of products manufactured by Cleaver. The plaintiff alleges his mesothelioma diagnosis was caused by his exposure to asbestos while working as a steamfitter at Indian Point Power Plant in New York. The plaintiff testified to working around boilers that were manufactured …

Supreme Court of New York, New York County

Defendant CSC Scientific Company, Inc. filed the present motion for summary judgment arguing that the plaintiffs have failed to identify a CSC product as a source of decedent’s asbestos exposure over a period from 1976 to 1979 or at any other time. By way of background, this matter arises from decedent Michael Love’s diagnosis of mesothelioma on July 31, 2018, which led to his death on November 9, 2019.

CSC argued that the absence of evidence of …

Supreme Court of New York, New York County

In this NYCAL action, plaintiff Lorraine Sprague alleges take-home exposure to asbestos from laundering her husband’s clothing while he worked as an oiler/wiper and tugboat/marine engineer from the early 1960s until 1987. Following two fact witness depositions and submission of expert reports, defendant Fel-Pro moved for summary judgment. Relying on Cawein, the defendant asserted that the plaintiff failed to produce evidence of specific identification of Fel-Pro products in her husband’s area of exposure, and as such, …