Category: New York

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Dykes Lumber moved for summary judgment, arguing it established a prima facie case for lack of causation under Nemeth v. Brenntag. Plaintiff Raphael Sason opposed the motion.

First, the court set forth the summary judgment standard, including that “the proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to eliminate any material issues of fact …

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Joseph Munna alleged asbestos exposure from his work as an automobile mechanic from the 1970s until the 1990s. During this time, he alleged that he obtained asbestos-containing parts from Advance Auto.

Advance moved for summary judgment, contending that Munna was not present or involved in the ordering of any products from Advance. Advance also contended that they did not operate in two areas during the time where Munna claimed to have …

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Christopher Yohe alleged exposure to asbestos from Bradford White water heaters while working as a plumber from the 1980s to the 2000s. Bradford White moved for summary judgment, arguing the water-heater parts identified by Yohe did not contain asbestos. Bradford White submitted an affidavit in support of its motion. Plaintiff opposed this motion on the grounds that Bradford White’s affidavit was insufficient to meet Bradford White’s burden. In addition, Bradford White …

Court Jurisdiction: Supreme Court of the State of New York, New York County (NYCAL)

In this asbestos case, decedent, Richard Robinson passed away immediately after the commencement of the instant action. One of the defendants, Tishman Liquidating Corporation was not identified in plaintiff’s answer to interrogatories. However, during the discovery deposition of Roddy Davis, a fact witness that was an employee of the business owned by decedent and his family, Davis identified Tishman as a general contractor of job sites where Keystone Wire & Iron …

Court: Supreme Court of New York, New York County

In this asbestos action, defendant Tishman Liquidating Corporation moved for summary judgment on the grounds that it is not responsible for any of the three job sites for which the plaintiff identified the company as the general contractor, and, therefore, is not liable for any injury that the plaintiff allegedly sustained from such sites.

For two of the sites, Tishman proffered New York Times articles that reported the general contractors to be companies other than Tishman, …

Court: Supreme Court of the State of New York, Nassau County

In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used asbestos-containing products. She also alleged asbestos exposure from laundering her husband’s work clothes. She contends that she developed lung cancer from these exposures. Defendant LuK Clutch Systems LLC moved for summary judgment, arguing that Donna’s exposure to asbestos from LuK clutches would have been minimal and “similar [to] the ambient levels of asbestos in …