N.Y. Appellate Court Affirms Order Denying Summary Judgment for Port Authority in Asbestos Case

NEW YORK –– A New York appellate court has affirmed an order denying summary judgment to Port Authority of New York and New Jersey, concluding that there was an issue of fact as to whether the defendant had the authority to control the actions that resulted in the alleged asbestos exposure.

In the Jan. 21 order, the New York Supreme Court, Appellate Division, First Judicial Department, pointed to testimony from the decedent’s former coworker, who raised “issues of fact as to whether the regular application of asbestos-containing products in the terminal caused decedent to be exposed to asbestos fibers in …