New York Court Won’t Award Summary Judgment to DAP in Caulk Asbestos Exposure Cases
October 13, 2023
- 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 …