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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