Category: New York

Supreme Court of the State of New York, New York County, October 11, 2022

In this asbestos action, the plaintiff Gloria Maryn alleged exposure to asbestos from laundering the clothes of her son, Victor Arana. Mr. Arana worked as a plumber’s apprentice for the New York Plumbers Association from 2000 to 2014. One product that Mr. Arana worked with, and that he believes contained asbestos, was Armstrong pumps. Specifically, Mr. Arana removed external insulation from Armstrong pumps and the dust from this insulation would allegedly …

Supreme Court of New York, Erie County, October 6, 2022

In this asbestos action, Plaintiff Joseph Skrzynski alleged that he developed malignant mesothelioma as a result of occupational exposure to asbestos from brakes and clutches manufactured by Ford. Ford moved for summary judgment on several grounds.

First, the court determined that Ford did not meet its burden of proof on general causation. The court determined that that “the opposing experts disagree on causation or increased risk of disease, thus raising material fact issues of causation …

Supreme Court of New York, New York County, September 22, 2022

In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum powder. Colgate moved for summary judgment, arguing that neither the general nor specific causation standards of Parker v. Mobil Oil Corp. were met here. Further, Colgate also contended that punitive damages were not warranted “as Colgate has taken affirmative steps to ensure that CB was safe for consumer use.” The plaintiff opposed …

Supreme Court of New York, County of Erie , August 25, 2022

In this asbestos action, plaintiff Eric Cislo alleged take-home exposure to asbestos from his father’s work with Bison boilers from 1969 until the early 1980s.  

Prior to 1969, Farrar and Trefts Inc. manufactured and sold Bison boilers, and underwent “a series of acquisitions, mergers, name changes, and successors,” becoming ADSCO Manufacturing Corp. Soon thereafter, ADSCO Manufacturing Corp. changed its name to Sterlstand Incorporated.  

Following several successive acquisitions, successions, and name changes, ADSCO Manufacturing …

Supreme Court of New York, New York County, July 28, 2022

In this asbestos action, decedent Roy Barbarino alleged exposure to asbestos from brake lining as a bus maintainer for the New York City Transit Authority (NYCTA) from 1962 to 1987. Defendant Abex moved for summary judgment, contending that they could not have caused or contributed to Barbarino’s injury, as Barbarino did not identify an Abex product. Instead, Barbarino identified another brake manufacturer during his deposition. Further, the deposition testimony of two of Barbarino’s co-workers …

Supreme Court of New York, New York County, June 15, 2022

In this asbestos action, decedent Anastasios Katechis alleged exposure to asbestos from joint compound he used as a painter for Mamais Construction from 1967 to 1971. During his deposition, Katechis identified defendant Allied Building Products Corp. as a supplier of joint compound during that time.

Allied moved for summary judgment, contending that they could not have caused or contributed to Katechis’ injury as Allied did not supply joint compound while the decedent worked for …

Supreme Court of New York, Appellate Division, First Department, July 19, 2022 

On July 19, 2022, the First Department reversed three New York City Asbestos Litigation (“NYCAL”) decisions that denied summary judgment to Defendant, American Biltrite, Inc. (“ABI”), finding that the plaintiffs could not prove specific causation, and thus summary judgment to ABI was in fact warranted. In other words, the plaintiffs were unable able to show that exposure to ABI’s floor tiles were the cause or a contributing factor to the Plaintiffs’ alleged diseases. …

Supreme Court of the State of New York, County of New York, June 29, 2022

In this asbestos action, plaintiffs filed a motion for leave to reargue a motion for summary judgement filed by defendant Strick Trailers, LLC (“Strick”), which was granted on October 13, 2021.

By way of background, the plaintiff, James Martinez, alleged he was exposed to asbestos from replacing brakes on delivery trailers manufactured by Strick. Plaintiff was unable to testify as to the maintenance history of Strick trailers, nor did he …