N.Y. Appellate Court Reverses Award of Summary Judgment to Flooring Defendants in Asbestos Case

NEW YORK –– A New York appellate court has reversed an award of summary judgment to two defendants in a flooring asbestos personal injury suit, opining that the plaintiffs had presented enough expert testimony to counter expert testimony proffered by the defendant so that a triable question of fact was established.

In the May 26 opinion, the New York Supreme Court, Appellate Division, Second Judicial Department, concluded that “the experts’ conflicting interpretations of the underlying studies and literature presented a credibility battle between the parties’ experts….”

Plaintiff Victoria Pistone and her husband filed the underlying lawsuit, contending that exposure to …