Category: Summary Judgment

Jurisdiction: Supreme Court of New York, New York County

Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard the USS Forrestal from 1961 to 1964. He also alleges exposure from the caulking work he performed on various occasions in his home, and from DAP asbestos-containing window glazing while renovating his home between 1966 and 1967. 

Plaintiff claims this asbestos exposure resulted in his diagnosis of lung cancer in 2019.  …

Jurisdiction: Supreme Court of New York, New York County

DAP filed a motion for summary judgment by arguing plaintiff cannot sufficiently demonstrate DAP’s exposed him to asbestos. DAP contends that it did not manufacture or sell any product that resembles the product described by plaintiff. Thus, according to DAP, plaintiff cannot establish that he was exposed to asbestosfrom its products. In support, DAP proffers, inter alia, two affidavits of Mr. Ward Treat, who contends that DAP did not manufacture, sell, or supply the products described …

Jurisdiction: Supreme Court of New York, New York County

Plaintiff Robert L. Toth worked at various Consolidated Edison powerhouses from 1961 to 1991 as a sheet metal worker. He was diagnosed with lung cancer in 2019 and he alleged his illness was the result of asbestos exposure. He brought suit against numerous pump, valve, and gasket companies amongst other industrial manufacturers. Defendants Crosby Valve LLC and Milton Roy Company — (collectively “defendants”) — both moved for summary judgment. They argued plaintiff failed to identify either as a manufacturer of …

Jurisdiction:  Supreme Court of New York, New York County

Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma.  She initiated a suit against several defendants in May 2022, including Kolmar Laboratories Inc. Kolmar moved for summary judgment on two points. First, it argued plaintiff failed to establish she was exposed to any asbestos-containing product manufactured by Kolmar.  Second, Kolmar argued that any such product it had manufactured was done so per the specifications of Johnson & Johnson and as such, Kolmar could not be liable. …

Court: Supreme Court of New York, New York County

In this action, plaintiff June Savianeso alleges that decedent Michael Savianeso was exposed to asbestos from the products of various defendants.

Decedent passed away without giving deposition testimony. Subsequently, decedent’s brother, James, provided seven days of testimony. As pertinent to this motion, James testified that he worked as a pizza maker at a pizzeria in New Jersey for approximately 30 hours per week from June to August during the summers of 1976 and 1977. James mainly …