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NY Supreme Court Asbestos

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Plaintiff’s Testimony and Defendant’s Affidavit Conflict, Summary Judgment Denied

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Court: Supreme Court of New York, Albany County - Plaintiff Warren Stouch brought this asbestos action in February 2020, claiming he was exposed to asbestos at his jobs, including through the use and wear of asbestos...more

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Holding Company’s Motion to Dismiss on Personal Jurisdiction Grounds Granted

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Court: Supreme Court of New York County (NYCAL) - In this asbestos action, defendant Burnham Holdings Inc. moved to dismiss the complaint against it on personal jurisdiction grounds. Specifically, BHI asserted that it is a...more

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Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

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Motion for Summary Judgment Denied as Plaintiff Failed to Establish De Facto Merger Doctrine

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Jurisdiction: Supreme Court of New York, New York County - This action arises out of plaintiff Hydraulic IP Holdings LLC’s attempt to enforce a judgment entered against non-party Grace Apparel LLC. Plaintiff’s complaint...more

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Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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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...more

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Defendant’s Motion for Summary Judgment Denied Due to Conclusory Affidavits

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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...more

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Talc Defendant Unsuccessful on Summary Judgment

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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...more

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Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any...more

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Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...more

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First Department Affirms Denial of Pipe Manufacturer’s Motion for Summary Judgment

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Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, decedent Rudolf Horvath alleged that he was exposed to asbestos from Bondstrand pipes manufactured by defendant, Ameron...more

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Boiler Manufacturer’s Motion for Partial Summary Judgment re: Punitive Damages Denied

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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...more

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Plaintiff’s Motion for Joint Trial Denied

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Court: Supreme Court of the State of New York, New York County (NYCAL) - This asbestos matter involves a motion filed by plaintiff to consolidate two asbestos actions....more

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First Department Affirms Jury Verdict against Valve Manufacturer

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Court: Supreme Court of New York, Appellate Division, First Department - In this asbestos action, defendant Jenkins Bros. sought a judgment notwithstanding the verdict, a new trial, or remittitur of a verdict awarding...more

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Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

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Jurisdiction: Supreme Court of New York, New York County - Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s...more

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Glove Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip....more

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Valve Manufacturer Succeeds on Motion for Summary Judgement

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff filed this lawsuit alleging decedent suffered asbestos exposure from numerous product manufacturers during the course of his employment as a mechanic for...more

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Printing Press Manufacturers’ Motions for Summary Judgment Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendants L3Harris Technologies Inc. and Heidelberg USA Inc. moved separately for summary judgment, arguing that plaintiff Raymond...more

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Valve Manufacturer’s Motion for Summary Judgment Granted

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Crosby Valve LLC moved to dismiss the action on the grounds that plaintiff John B. Daly Jr. was not exposed to asbestos from...more

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Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

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Three Manufacturers’ Motions for Summary Judgment Denied for Failure to Meet Initial Burden

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Supreme Court of New York, New York County (NYCAL) In this asbestos action, defendants Union Carbide Corporation, Domco Product Texas Inc., and The Goodyear Tire & Rubber Company moved separately for summary judgment on the...more

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Plaintiff’s Order to Show Cause Seeking Joint Trial Granted

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, the plaintiff moved for a joint trial of two actions: Rullo v. ABB. Inc., et al. and Scandaliate v. ABB Inc., et al. In NYCAL. Two cases may be...more

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General Contractor's Motion for Summary Judgment Denied in NYCAL

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more

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Boiler Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary...more

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Tile Manufacturer Denied Summary Judgment in NYCAL

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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...more

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

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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...more

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