National Grid Successfully Opposes Co-Defendant’s Motion to Dismiss Cross-Claims
In this NYCAL action, the plaintiff, Michael Koulermos claimed he developed mesothelioma from working near employees of Treadwell Corp. while he was employed at the Northport Power Station. The plaintiff subsequently agreed to a no-opposition summary judgment motion on behalf of Treadwell. However, the co-defendant, National Grid, opposed the motion’s requested dismissal of any cross-claims.
The court agreed with National Grid and held: “Treadwell has failed to establish a prima facie case that National Grid’s cross-claims have no merit. Treadwell makes no specific argument as to why the cross-claims should be dismissed other than because plaintiff has not produced any evidence that he was injured as a result of exposure to products manufactured, distributed, sold or installed by Treadwell. No affidavit was proffered regarding the dates that Treadwell employees worked at the power station. No affidavit was submitted demonstrating that Treadwell employees did not use asbestos products when they worked at the power station. Moreover, even assuming that Treadwell had made a prima facie case, issues of fact exist as to when plaintiff worked at the power station, and whether he worked contemporaneously with Treadwell employees.”
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