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Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP.

DAP moved for summary judgment, arguing that “not all DAP caulks historically contained asbestos, no DAP plaster product contained asbestos, and that plaintiff’s causation for mesothelioma is insufficient.” In support of its motion, DAP submitted affidavits from a DAP former employee and a certified industrial hygienist. Plaintiff opposed DAP’s motion, citing plaintiff’s testimony identifying DAP products, as well …

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Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

Court: Supreme Court of New York, New York County

In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its unincorporated division Clow Valve Company, moved for summary judgment.

Defendant argued that Clow valves could not have caused or contributed to decedent’s injury. Defendant argued that plaintiff did not sufficiently identify Clow valves as a source of asbestos exposure. Plaintiff opposed defendant’s motion, citing plaintiff’s testimony identifying Clow valves and failing …

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Tile Manufacturer Denied Summary Judgment in NYCAL

Court: Supreme Court of New York, New York County

In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear moved for summary judgment, arguing it could not have caused or contributed to plaintiff’s injury. Goodyear argued plaintiff “identified only potential exposure to Goodyear without surrounding details or confirmation.” Defendant further argued that plaintiff did not see the packaging of its floor tile, as well as its floor tiles would …

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Floor Tile Manufacturer’s Motion for Summary Judgment Denied

Plaintiff Paul M. Moutal was diagnosed with lung cancer in January 1999 and alleged that his lung cancer resulted from exposure to asbestos from his time as a handyman, laborer, and carpenter in the 1960s and 1970s. During his discovery deposition, the plaintiff identified various products that allegedly contained asbestos, including floor tiles manufactured by the Goodyear Tire and Rubber Company. With regard to Goodyear floor tiles, the plaintiff alleged that he was exposed to asbestos from cutting, heating, and installing the floor tiles.

Goodyear …

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