N.Y. Appellate Court Affirms Order Denying Dismissal to Supplier of Transite Stone Board in Asbestos Case

NEW YORK –– A New York appellate court has affirmed an order denying a motion to dismiss brought by a supplier of transite stone boards in an asbestos personal injury action, finding the lower court properly found that res judicata did not bar the claims.

In a March 6 order, the New York Supreme Court, Appellate Division for the First Judicial Department, further found that the defendant’s attempts to depict a pizza oven manufacturer as a joint tortfeasor also failed.

Plaintiff David R. Kirby asserted the underlying claims, contending that his work in pizza restaurants for approximately 20 years caused …