N.Y. Court Refuses to Dismiss Failure-to-Warn, Loss of Consortium, Punitive Damages Claims in Asbestos Case

NEW YORK –– A New York court has denied efforts from Burnham LLC to dismiss failure-to-warn and loss of consortium claims, finding that the plaintiff had provided sufficient evidence in support of their allegations that the defendant sold asbestos-containing boilers.

In the April 29 order, the New York Supreme Court for New York County did grant motions to dismiss claims relating to breach of warranties and negligence, noting that the plaintiff had not opposed those efforts.

The plaintiffs asserted the claims on behalf of John Gibbons, contending that the decedent was exposed to asbestos-containing products while working as a cleaner …