N.Y. Court Rejects Post-Trial Motions, Upholds $4 Million Verdict, Suggests Reduction of Loss of Consortium Damages

NEW YORK –– A New York trial court has rejected post-trial motions from a manufacturing of an asbestos-containing fireproofing spray in part, affirming the $4 million award in compensatory damages but ordering a new trial on the issue of loss of consortium damages unless the plaintiffs stipulate to a reduction.

In the Aug. 29 order, the New York Supreme Court for New York County opined that the $2 million in loss of consortium damages deviated materially from other awards and suggested that the plaintiffs accept a reduced award of $340,000.

The plaintiffs asserted the claims on behalf of Patrick McCloskey, …