Category: New York

In this asbestos-related lawsuit, the defendant, Structure Tone, filed for summary judgment arguing that the plaintiff failed to establish that he was exposed to asbestos from working with or near products used by Structure Tone on jobsites.

In support of its motion, Structure Tone cited its answers to site-specific interrogatories that stated itdid not use asbestos–containing materials on the plaintiff’s job sites. Structure Tone argued further that the plaintiff affirmatively testified he was not exposed to asbestos at two job sites where it was the general contractor. And finally, Structure Tone …

Court: Supreme Court of New York, New York County

In this asbestos-related lawsuit, defendant, Perkins Engines, filed a motion for summary judgment arguing that plaintiff could not have used its brakes, clutches, or gasoline engine gaskets. In support of its motion, defendant proffered the affidavit of Kevin Klein, a technical coordinator in Litigation Technical Support for Caterpillar Inc. Klein asserted the defendant never manufactured, designed, or distributed any brakes or clutches, and that it supplied gaskets only for diesel engines. According to the defendant, partial …

Court: Supreme Court of New York, New York County

In this asbestos action, the defendant, Francesco Carboni, alleged asbestos exposure working on automobiles for Zumbach Sports Cars. The defendant, Porsche Cars North America, moved for summary judgment, arguing that the decedent was not exposed to asbestos from any PCNA products. The plaintiff Susan Carboni opposed PCNA’s motion.

PCNA argued that it could not be liable for any alleged exposure in this case as the decedent testified that he last worked on Porsche automobiles in 1981 …

Court: Supreme Court of New York, Appellate Division, Third Department

In this asbestos action, the plaintiff, Albert Howard, contends that he developed mesothelioma following his service in the United States Navy from 1961 to 1978. During this time, he alleged asbestos exposure from working with pumps, including Armstrong pumps, while serving on various submarines whose names he could not recall. The defendant, Armstrong, moved for summary judgment, which the plaintiff opposed. The trial court denied Armstrong’s motion.

Armstrong appealed the trial court’s denial of summary judgment. …

Plaintiff Edith Niedert alleged that she developed lung cancer as a result of her exposure to asbestos from laundering the clothing of her husband, Paul Niedert. From 1956 to 1993, Mr. Niedert was employed as a plumber and steamfitter, and was responsible for removing and installing Goodyear gaskets and gasket-containing materials. The plaintiff was diagnosed with lung cancer on July 19, 2017. 

In a motion for summary judgment, Goodyear argued that the plaintiff’s exposure to asbestos from laundering her husband’s clothing was “so insignificant that it …