Appellate Court Upholds Denial of Asbestos Defendant’s Bid for Summary Judgment

  • Jan. 28 Order
  • Order

NEW YORK –– A New York appellate court has denied an asbestos defendant’s efforts to appeal a lower court order denying it summary judgment, concluding that the company failed to establish prima facie entitlement to summary judgment.

In the July 11 order, the New York Supreme Court, Appellate Division, First Department, wrote that the defendant could not meet its initial burden on summary judgment by “merely pointing to perceived gaps in the plaintiffs’ proof.”

Plaintiff Leonard Carriero asserted the claims, contending that his mesothelioma was caused by exposure to asbestos-containing products he encountered while working in the printing industry. …


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