The law concept background.

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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Motion for Summary Judgment of Valve Manufacturer Denied

Court: Supreme Court of New York, New York County

Plaintiff-Decedent John Gonder alleged exposure to asbestos during his employment as a Con Edison inspector between the 1970s and 1990s. He died in May 2021 at 86 years old from lung cancer. Defendant Jenkins Bros. filed a motion for summary judgment on the basis that Gonder did not identify Jenkins as a manufacturer of asbestos-containing valves to which he alleged exposure. Jenkins also challenged the sufficiency of the plaintiff’s expert reports with respect to causation.

In …

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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

Jurisdiction: Supreme Court of New York, New York County

Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s Compensation Law. In support of its motion, Morse Diesel pointed to D’Alessio’s deposition testimony in which he claimed to be an employee of Morse Diesel at a jobsite near Brooklyn Law School. In further support, Morse Diesel provided an affidavit from its corporate representative stating that they carry workers’ compensation insurance.…

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Glove Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip.

Steel Grip moved for summary judgment, arguing that plaintiff did not establish exposure to asbestos or causation from Steel Grip gloves. In support, Steel Grip proffered an expert report opining that the levels of asbestos released from their gloves would not be sufficient to cause mesothelioma. Plaintiff opposed Steel Grip’s motion, citing plaintiff’s testimony identifying Steel Grip …

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The law concept background.

Valve Manufacturer Succeeds on Motion for Summary Judgement

Jurisdiction: Supreme Court of New York, New York County

Plaintiff filed this lawsuit alleging decedent suffered asbestos exposure from numerous product manufacturers during the course of his employment as a mechanic for Con Ed from 1974 to 2012. Prior to his passing, decedent was deposed. Defendant Crosby Valves filed a motion for summary judgment on the grounds that decedent was not exposed to asbestos from any Crosby product. Specifically, the defendant referenced decedent’s testimony regarding the use of flange gaskets in connection with Crosby valves, …

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Printing Press Manufacturers’ Motions for Summary Judgment Denied

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

In this asbestos action, defendants L3Harris Technologies Inc. and Heidelberg USA Inc. moved separately for summary judgment, arguing that plaintiff Raymond Desiena did not establish exposure to asbestos from his work on Harris or Heidelberg-branded printing presses during his work as a printing press operator from the 1960s-1980s.

Regarding Harris printing presses, Harris noted that Desiena implicated Harris’s printing presses as utilizing asbestos-containing parts — specifically, friction brakes manufactured by Airflex. In response to this …

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Valve Manufacturer’s Motion for Summary Judgment Granted

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

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action on the grounds that plaintiff John B. Daly Jr. was not exposed to asbestos from any Crosby product.

Specifically, Crosby’s motion was based on Daly’s testimony that he was exposed to asbestos from “flange gaskets” used along with Crosby valves, and not actually manufactured by Crosby.

Ultimately, the court determined that Daly’s testimony did not indicate any products manufactured by Crosby, and …

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The law concept background.

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

Supreme Court of New York, Appellate Division, First Department

In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found that defendant T.M. Cobb Company’s motion to dismiss should have been granted for lack of personal jurisdiction.

The court held that “there is no evidence that the fire doors that allegedly caused the decedent plaintiff’s injury by exposing him to asbestos were manufactured in New York.” The court also stated that T.M. …

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Talc Defendant Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this talc action, plaintiff Christina Thomas alleged she was exposed to asbestos from products manufactured by defendant Port Jervis Laboratories Inc., s/h/a Kolmar Laboratories, Inc.

Kolmar moved for summary judgment, arguing plaintiff had not established she was exposed to asbestos from a Kolmar product which caused her illness. Defendant further argued that it manufactured the products per the specifications of Johnson & Johnson. 

Plaintiff opposed Kolmar’s motion, citing defendant’s concession that they manufactured the product …

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Boiler Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. In support, Fulton proffered a corporate representative affidavit “to indicate that Fulton boilers did not require the type of servicing/assembly noted in [Morale’s] testimony and were not sold for use in the environments of Morale’s exposure.” Plaintiff opposed Fulton’s …

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