Category: New York

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Motion to Dismiss / New York
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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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New York / Summary Judgment
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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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New York / Summary Judgment
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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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New York / Summary Judgment / Supreme Court of New York
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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP.

DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is insufficient.” In support of its motion, DAP submitted affidavits from a DAP former employee and a certified industrial hygienist. Plaintiff opposed DAP’s motion, citing plaintiff’s testimony identifying DAP products, as well …

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New York / Summary Judgment / Supreme Court of New York
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Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its unincorporated division Clow Valve Company, moved for summary judgment.

Defendant argued that Clow valves could not have caused or contributed to decedent’s injury. Defendant argued that plaintiff did not sufficiently identify Clow valves as a source of asbestos exposure. Plaintiff opposed defendant’s motion, citing plaintiff’s testimony identifying Clow valves and failing …

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New York / Summary Judgment / Supreme Court of New York
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Tile Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. Goodyear argued plaintiff “identified only potential exposure to Goodyear without surrounding details or confirmation.” Defendant further argued that plaintiff did not see the packaging of its floor tile, as well as its floor tiles would …

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New York / Summary Judgment
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Pump Manufacturer’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Defendant Milton Roy LLC filed a motion for summary judgment on the grounds that the plaintiff failed to identify Milton Roy as a manufacturer of any asbestos-containing products to which he was exposed during his employment with Con Edison between the 1970s and 1990s. In support of its motion, Milton Roy provided an affidavit from its corporate representative, which confirmed that none of the pumps at the plaintiff’s jobsites utilized asbestos-containing gaskets or other components.

In …

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New York / Summary Judgment
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Air Compressor Manufacturer’s Motion for Summary Judgment Denied

Court: Supreme Court of New York, New York County

Defendant Campbell Hausfeld LLC filed a motion for summary judgment on the basis that no Campbell product had been identified in connection with the plaintiff’s lung cancer. In support of its motion, Campbell pointed out the plaintiff’s history of cigarette smoking, and reiterated that the plaintiff could not prove exposure to asbestos from gasket replacements on its air compressors. In addition, Campbell asserted that the gaskets described by the plaintiff would not have contained asbestos.

In …

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Motion to Renew / New York / Summary Judgment
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Floor Tile Manufacturer’s Motion for Renewal Denied on Causation Ground

Court: Supreme Court of New York, New York County

Defendant Mannington Mills Inc. moved for renewal of its previously denied motion for summary judgment, arguing the New York Court of Appeals’ Nemeth decision has since changed the law regarding causation. Under New York law, a party may move for leave to renew a decision to assert  “new facts not offered on the prior motion that would change the prior determination or . . . demonstrate that there has been a change in the law that …

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Courtroom, Gavel And Law Books
New York / Summary Judgment
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Pipe Manufacturer Denied Summary Judgment in NYCAL

Supreme Court of New York, New York County

In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by the defendant, Ameron International. Ameron moved for summary judgment, arguing that its pipes could not have caused or contributed to the decedent’s injury. Ameron points to the decedent’s testimony that he worked with chemical pipes at a chemical plant in the West Side area of New York City. Ameron contends that the decedent could not have worked with …

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