Category: New York

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

In this asbestos action, defendant SPX Cooling Technologies Inc., individually and as successor to Marley Cooling Technologies Inc., moved for summary judgment, arguing that plaintiffs failed to establish causation, and that defendant established a prima facie case for a lack thereof under Nemeth.

In its decision denying the motion, the court noted that Marley misstated plaintiff’s burden, as the standard set forth in Nemeth “represent[ed] an extraordinary post-trial remedy to set aside a jury …

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

In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action, alleging that plaintiff, John Holland was not exposed to asbestos from any Crosby product. In opposition, plaintiffs highlighted Holland’s deposition testimony, which identified Crosby as a manufacturer. Plaintiffs also pointed to the purported lack of personal knowledge in Crosby’s supporting affidavit and the testimony of Crosby’s corporate affidavit, which confirmed asbestos-containing Crosby products.

Summary judgment motions are denied if the opposing party …

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Kevin Burns filed an asbestos-related lawsuit against numerous defendants, including Burnham, testifying that while he worked as a plumber he was exposed to asbestos insulation and rope from the removal and installation of Burnham boilers from approximately 1958 to the early 1980s.

Burnham moved for summary judgment on plaintiff’s punitive-damages claim, arguing that plaintiff failed to establish Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. …

Jurisdiction: Supreme Court of New York, New York County

This action was filed on behalf of decedent, Kenneth Last, alleging he was exposed to asbestos while working for general contractor, ALCOA Inc., n/k/a ARCONIC Inc., at the World Trade Center during the 1970s. ALCOA filed a motion for summary judgment arguing the fire-proofing material used at the World Trade Center during decedent’s employment was non-asbestos containing.

The court notes that summary judgment is a drastic remedy and should only be granted if the moving party …

Jurisdiction: Supreme Court of New York, New York County

In this asbestos-related lawsuit, the plaintiff alleged he was exposed to asbestos while working with, and around, boilers manufactured by defendant, Burnham, from 1961 to 1999.

Burnham filed a motion for partial summary judgment as to punitive damages, arguing the plaintiff failed to establish that Burnham’s conduct rose to the level of egregious and morally culpable conduct necessary for an award of punitive damages. According to Burnham, any exposure to asbestos by plaintiff through Burnham boilers were below …

Court: Supreme Court of New York, New York County

Long Island Lighting Company (LILCO) is a subsidiary of Long Island Power Authority (LIPA). LIPA was created “to remedy LILCO’s conduct as a private electric provider” by closing LILCO’s Shoreham Nuclear Power Station — where the plaintiff-decedent was allegedly exposed to asbestos — and saving LILCO customers money by reducing utility costs. 

LIPA and LILCO moved for summary judgment on that basis that the plaintiff failed to (1) bring their claims within the statute of limitations …