N.Y. Court Reverses Court Order Allowing Asbestos Failure-to-Warn Claims to Proceed Against Respirator Defendants

NEW YORK –– A New York appellate court has reversed a trial court’s decision to allow failure-to-warn claims to proceed against mask and respirator defendants, ruling that the plaintiff had failed to raise an inference that there was a defect in those products.

In the Jan. 8 ruling, the First Department of the Appellate Division for the New York Supreme Court directed the clerk of the trial court to enter a judgment dismissing the complaint against the defendants.

Malgorzata Wiacek asserted the claims on behalf of the decedent, contending that he developed an asbestos-related illness as a result of defective …