New York

Category: New York

July 27, 2021 • Asbestos Case Tracker, Bankruptcy, New York

Proof of Claim Bankruptcy Documents Ruled Discoverable with Redaction of Settlement Amounts and Sensitive Medical Information

Supreme Court of the State of New York, County of Monroe, July 15, 2021 In this case, the plaintiff moved for a protective order granting partial relief from Subpoenas Duces Tecum served on non-party bankruptcy trusts. The plaintiff requested redactions of information regarding settlement amounts, nonparty-affiant personal information, highly sensitive and personal medical issues, and … Continued

July 12, 2021 • Asbestos Case Tracker, New York, Remand/Removal

Removal by Laundry Equipment Manufacturer Untimely Based on Service of Plaintiffs’ Discovery Responses

U.S. District Court for the Southern District of New York, July 8, 2021 Plaintiffs Domenic and Carol Pezzo brought suit against numerous defendants, alleging that the defendants exposed Domenic to asbestos through the course of his employment in various private and public sector roles. On December 10, 2020, almost three months after the suit was … Continued

June 9, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Floor Tile Manufacturer Denied Summary Judgment Due to Issues of Fact

Supreme Court of New York, New York County, May 19, 2021 Defendant The Goodyear Tire & Rubber Company filed a motion for summary judgment pursuant to CPLR 3212 arguing that the only product manufactured by defendant which matches plaintiff Pietro Camiolo’s (the decedent) description of the alleged asbestos product he worked with, never contained asbestos, … Continued

May 27, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Flooring Manufacturers’ Summary Judgment Reversed due to Question of Fact on Causation

Supreme Court of New York, Appellate Division, Second Department, May 26, 2021 The plaintiff, Victoria Pistone, and her husband, suing derivatively, brought this asbestos action against American Biltrite, Inc. and Mannington Mills, Inc., among other defendants. The defendants moved separately for summary judgment based on a lack of causation. Judge George R. Peck granted summary … Continued

May 26, 2021 • Appeal, Asbestos Case Tracker, New York, Summary Judgment

Denial of Summary Judgment Affirmed as to Fireproofing Contractor

As previously reported by the Asbestos Case Tracker, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Mario & DiBono Plastering Co., Inc.’s (M&D) motion for summary judgment. M&D appealed this decision. The Appellate Division noted that the court properly denied M&D’s smmary judgment motion since it failed to unequivocally establish that the materials it … Continued

May 25, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Wire and Cable Company’s Motion for Summary Judgment on Causation Denied

Supreme Court of New York, New York County, May 11, 2021 The plaintiff alleged that the decedent, Alvin Smith, was exposed to asbestos from skinning, stripping, and pulling asbestos-containing wire and cable manufactured by the defendant, Ericsson, Inc.’s predecessors, Anaconda Wire & Cable Company and Continental Wire & Cable Company, at various locations throughout his … Continued

May 19, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Premise Owner Denied Summary Judgment due to Issues of Fact

Supreme Court of New York, New York County, May 10, 2021 Before the court is defendant National Grid Generation LLC d/b/a National Grid’s motion for summary judgment, pursuant to CPLR 3212, for a finding in favor of National Grid on the grounds that there is no merit to the allegations in the plaintiff’s complaint against National … Continued

May 13, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Two Friction-Based Juni Motions Denied in Nassau County

Supreme Court of the State of New York, Nassau County, May 12, 2021 The plaintiff in this matter was a career auto-mechanic. He alleged asbestos exposure from car parts manufactured by various defendants, including Ford and Mercedes, caused his lung cancer. Ford and Mercedes each filed summary judgement motions alleging that (1) the plaintiff could … Continued

May 6, 2021 • Appeal, Asbestos Case Tracker, New York, Summary Judgment

Denial of Summary Judgment Reversed as to Joint Compound Manufacturer

Supreme Court of New York, Appellate Division, First Department, April 20, 2021 In this matter, Judge Manuel Mendez, former NYCAL coordinating judge, denied defendant Kaiser Gypsum Company, Inc’s motion for summary judgment on January 13, 2020. Kaiser Gypsum appealed arguing that plaintiffs failed to identify defendant’s products as a source of the decedent’s alleged exposure … Continued

April 15, 2021 • Asbestos Case Tracker, New York, Summary Judgment

Motions for Summary Judgment on Causation Issues Denied as Issues of Fact Exist

Supreme Court of New York, New York County In this asbestos action, the decedent, Donald Avakian, was diagnosed with lung cancer in August 2017 and subsequently passed away in June 2019. The decedent contended that he worked with asbestos-containing products throughout his career, including friction products and floor tiles. Two defendants moved for summary judgment. … Continued