Category: New York

Asbestos Litigation Analysis / New York
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New York Manages to Remain a “Judicial Hellhole” in 2021

While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation 2021-22 Judicial Hellholes, California regained its position to the top of the judicial hellhole list. Following California, New York was named as the second judicial hellhole. Georgia, Philadelphia Court of Common Pleas and the Supreme Court of Pennsylvania followed. Cook, Madison, and St. Clair Counties in Illinois; Louisiana; …

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Expert Challenges / New York / Summary Judgment
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Electrical Equipment Manufacturer’s Motions to Preclude Expert Testimony and for Summary Judgment Denied

U.S. District Court for the Southern District of New York, March 28, 2022

In this asbestos action, plaintiff Arnold Pritt alleged that he was exposed to asbestos during his service in the U.S. Navy, and over the course of his career as a civilian electrician. Mr. Pritt was diagnosed with mesothelioma in September 2019. On October 10, 2019, he filed suit in New York State Supreme Court against a variety of defendants, including the General Electric Company (GE). The case was subsequently removed to federal …

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New York / Summary Judgment
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Court Finds Issue of Fact Present, Denies Floor Tile Manufacturer’s Motion to Reargue

Supreme Court of New York, New York County; January 18, 2022

In this matter, the plaintiff filed an asbestos-related personal injury action against defendant American Biltrite alleging that the decedent was exposed to asbestos from working with American Biltrite floor tiles. American Biltrite moved for summary judgment to dismiss the action, and the motion was denied. American Biltritethen moved to reargue the decision denying its motion.

To begin, CPLR 2221(d)(2) permits a party to move for leave to reargue a decision upon a showing that …

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New York / Summary Judgment
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Joint Compound Manufacturer’s Motion for Summary Judgment Denied Despite Expert Support

Supreme Court of New York, New York County; January 14, 2022

In this asbestos-related action, defendant Dykes Lumber Company, Inc., filed a motion to dismiss on the grounds that the plaintiff failed to establish that he was exposed to asbestos from joint compound sold by Dykes Lumber or, alternatively, that there was insufficient evidence to establish specific causation. Dykes Lumber argued that the plaintiff’s deposition testimony was insufficient to identify any of the products Dykes Lumber sold, and further, that any exposure the plaintiff had …

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New York / Summary Judgment
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Speculative Testimony Fails to Establish Railroad Defendant Directed Tile Work

Supreme Court of New York, New York County, January 10, 2022

In this asbestos action, the plaintiff Ernest Cummings alleges that his lung cancer was caused by his exposure to asbestos dust when he worked as a train conductor with the Long Island Railroad from 1971 to 1996. During this time, he made stops at Penn Station, of which the defendant Amtrak took ownership in 1976. The plaintiff testified that during his more than two-decade career, all of his train routes went through Penn Station …

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New York / Summary Judgment
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Auto Manufacturer’s Motion for Summary Judgment Denied on Reargument

Supreme Court of New York, New York County, December 29, 2021

In this asbestos action, the plaintiffs filed a motion to reargue a previous decision that granted defendant Nissan’s motion for summary judgment based on misidentification of their product. By way of background, Nissan argued that Nissan brand vehicles could not have contributed to the plaintiff’s alleged asbestos exposure because Nissan did not manufacture Nissan brand vehicles until three years after the plaintiff’s alleged exposure. The court agreed and granted Nissan’s motion for summary judgement. …

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New York / Personal Jurisdiction
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Court Grants Jurisdictional Discovery from Foreign Defendant Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 27, 2022

In the matter of Pira v. Air & Liquid Sys. Corp., defendant Steel Grip, Inc., filed a motion to dismiss the plaintiff’s case for lack of personal jurisdiction. With regard to specific jurisdiction, the defendant argued that it did not sell, distribute, or manufacture any products in the state of New York, and that all of the plaintiff’s alleged exposure to asbestos occurred on Italian cruise ships. With regard to general jurisdiction, the …

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New York
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Denial of Summary Judgment to Flooring Defendants Affirmed on Motions to Reargue

Supreme Court of New York, New York County, December 6, 2021

Defendants American Biltrite and Mannington Mills moved to reargue their motions for summary judgment, arguing that the court overlooked and misapprehended facts in denying the same. On the motions to reargue, the court first found that both defendants failed to establish that the court misapprehended or overlooked the facts or law when it found that issues of fact existed to preclude summary judgment.

The defendants argued that the court mistakenly relied upon the report …

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New York / Personal Jurisdiction
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Plaintiffs Granted Jurisdictional Discovery from Valve Manufacturer Following Personal Jurisdiction Motion

Supreme Court of New York, New York County, December 2, 2021

The defendant, Jenkins Bros, moved to dismiss the plaintiffs’ complaint for lack of personal jurisdiction. Specifically, Jenkins argued that it is not incorporated in New York, does not have its headquarters in New York, and does not maintain its principal place of business in New York. The plaintiff opposed the motion, and filed a cross-motion seeking jurisdictional discovery.

The plaintiff argued that the deposition transcript of Jenkins’ corporate representative, David Boisvert, demonstrated that Jenkins …

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New York / Personal Jurisdiction
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Court Grants Tile Maker’s Motion to Dismiss Finding No Basis for Specific Jurisdiction

Supreme Court of New York, Suffolk County, October 28, 2021

In this matter, the plaintiff, Kathleen DiFranco, sued to recover damages for personal injuries allegedly incurred by the decedent as a result of exposure to products containing asbestos through his work as a carpenter. The plaintiff alleged the decedent was exposed to asbestos while working with floor tiles containing asbestos made by the defendant, American Biltrite, Inc.

The defendant filed motions to dismiss the plaintiff’s claims against it based on lack of personal jurisdiction. The …

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