Supreme Court of New York, New York County
In this asbestos action, defendant Burnham, LLC moved for partial summary judgment to dismiss the plaintiff’s punitive damages claim on the basis that any alleged asbestos exposure from Burnham boilers would fall below TLV or PEL/OSHA limits, and that Burnham did not have workers’ compensation claims for asbestos-related disease.
The court, however, determined that “Burnham has plainly not met their burden at summary judgment.” According to the court, TLV/OSHA standards have “little bearing on plaintiff’s unequivocal and …
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