New York Court Won’t Award Summary Judgment to DAP in Caulk Asbestos Exposure Cases

  • Learmond Order
  • Nale Order
  • Torio Order

NEW YORK –– A New York state court has refused to dismiss claims against a caulk manufacturer, concluding that sufficient issues of fact exist to precluded summary judgment in three separate asbestos cases.

In a series of Oct. 1 orders issued separately, the New York Supreme Court for New York County opined that a “reasonable juror could decide that asbestos exposure from DAP products were a contributing cause of [the decedent’s] illness, sufficient issues of fact exist to preclude summary judgment.”

In the Torio case, the plaintiffs asserted the claims on behalf of Anthony Torio.

DAP, Inc. moved to dismiss …


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