N.Y. Appellate Court Affirms Order Denying Summary Judgment in Asbestos Case
February 6, 2024
NEW YORK –– A New York appellate court has affirmed an order denying summary judgment to an asbestos defendant, saying that the plaintiffs’ request for further disclosure was not speculative.
In the Jan. 25 order, the New York Supreme Court, Appellate Division, First Judicial Department, agreed with the trial court that the defendant had not met its prima facie burden on summary judgment.
“Here,” the court concluded, “the affidavit and supporting documents provided by defendant were conclusory, lacking in relevant detail, and failed to expressly deny or squarely refute the possibility that a successor relationship existed between FCA US LLC …