N.Y. Court Refuses to Dismiss Punitive Damage Claim Against Burnham in Asbestos Case

NEW YORK –– A New York trial court has rejected Burnham LLC’s efforts to toss claims in an asbestos case, opining in part that it could not, at this stage of the litigation, dismiss the punitive damage claim since the defendant should have “sought discovery on punitive damages earlier in this case.”

In the Dec. 6 order, the New York Supreme Court for New York County also declined to dismiss claims for failure to warn and loss of consortium, but did dismiss several other contested claims as unopposed.

The plaintiffs asserted the action on behalf of Gary V. Bitteto, contending …