Category: New York

New York / Summary Judgment
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Two Friction-Based Juni Motions Denied in Nassau County

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 …

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Appeal / New York / Summary Judgment
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Denial of Summary Judgment Reversed as to Joint Compound Manufacturer

Supreme Court of New York, Appellate Division, First Department, April 20, 2021

In this matter, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Kaiser Gypsum Company, Inc’s motion for summary judgment on January 13, 2020. Kaiser Gypsum appealed arguing that plaintiffs failed to identify defendant’s products as a source of the decedent’s alleged exposure to asbestos. Further, the only evidence presented was the inadmissible hearsay statement of a coworker of the decedent and his son when they were working together at some point from …

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New York / Summary Judgment
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Motions for Summary Judgment on Causation Issues Denied as Issues of Fact Exist

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 …

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Expert Challenges / New York / Summary Judgment
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Brake and Clutch Manufacturer’s Motion for Summary Judgment Denied

Supreme Court of New York, Nassau County, April 12, 2021

Plaintiff William Stodoloski worked as an auto mechanic from 1965 to 1969 and from 1971 to 1978.  The plaintiff testified that as a mechanic he performed all aspects of car repair including removing and replacing the defendant’s brakes and clutches. He filed an asbestos lawsuit on April 5, 2019 alleging his work as an auto mechanic caused him to suffer from lung cancer. The case was certified ready for trial on January 23, 2020 and …

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Choice of Law / New York / Statute of Limitations / Virginia
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Plaintiffs’ Federal Court Action Time-Barred After Choice of Law Analysis

U.S. District Court for the Western District Court of New York, April 6, 2021

In this asbestos action, plaintiffs John and Joyce Castro commenced this lawsuit against several talc defendants in February 2019. As per their interrogatory responses, the plaintiff was diagnosed with mesothelioma on February 29, 2016. As to defendant Revlon, the plaintiff’s alleged indirect exposure to one of Revlon’s talcum powder products occurred only in Virginia.

Revlon filed a motion for summary judgment, arguing that the plaintiffs’ claims are time-barred under New York …

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New York / Personal Jurisdiction
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Motion to Dismiss for Lack of Personal Jurisdiction Granted for Boiler Manufacturer

Supreme Court of New York, New York County, March 25, 2021

Defendant Cleaver-Brooks, Inc. filed this instant motion to dismiss the plaintiff’s complaint pursuant to CPLR 3211 (a)(8) on the grounds that the court lacked personal jurisdiction over them. This lawsuit stems from plaintiff Darrell Nelson’s diagnosis of malignant pleural mesothelioma, which plaintiffs allege resulted from Mr. Nelson’s exposure to asbestos from his work as a maintenance worker and boiler operator for the Red Wing School District in Red Wing, Minnesota from 1977 to 1997. The …

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New York
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Signed Unopposed Summary Judgment Motions and Orders Vacated in NYCAL Due to Law Office Failure

Supreme Court of New York, New York County, March 15, 2021

In this asbestos action, the plaintiff’s counsel signed two unopposed summary judgment motions and orders submitted by counsel for Nash Engineering and Atwood & Morrill, respectively. The plaintiff’s counsel filed a motion to vacate the orders pursuant to NY CPLR § 5015(a)(1), and defense counsel opposed the motions. Ultimately, Justice Silvera granted the plaintiff’s motion to vacate both orders.

Under NY CPLR § 5015(a)(1), a motion to vacate a default judgment or order can …

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Mesothelioma
New York / Summary Judgment
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Summary Judgment Granted to Ceramic Manufacturer Based on Asset Purchase Agreement

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 …

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Motion to Dismiss / New York / Personal Jurisdiction
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Plaintiff Allowed to Proceed with Jurisdictional Discovery as Door Manufacturer’s Motion to Dismiss Denied

Supreme Court of New York, New York County, February 16, 2021

In this action, plaintiff James Witte alleged asbestos exposure from supervising the installation of fire doors manufactured by T.M. Cobb Company in Manhattan. Cobb moved to dismiss the plaintiff’s complaint based on lack of personal jurisdiction. Cobb argued that the court did not have personal jurisdiction over them as they were incorporated in and have their principal place of business in California. Further, Cobb’s manufacturing and distribution facilities are located in four California cities. …

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New York / Summary Judgment
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Court Grants MSJ as Boiler Defendant Establishes Product Did Not Contain Asbestos

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 …

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