N.Y. Judge Refuses to Toss Punitive Damages Claim Against Burnham in Asbestos Case

NEW YORK — A New York judge has refused to dismiss a punitive damages claim against Burnham LLC in an asbestos exposure case, ruling there are questions of fact as to whether the company failed to warn the plaintiff of its products’ hazards.

In a March 2 order, Judge Adam Silvera of the New York County Supreme Court found a 2007 study proffered by Burnham did not establish that the plaintiff’s exposure to asbestos was below the Occupational Safety and Health Act's permissible exposure limit.

Plaintiff Roger Wolf testified that he worked on residential boilers throughout his career, and …