STORY FROM: Asbestos
N.Y. Court Affirms Order Rejecting Challenges to Consolidation of Asbestos Cases for Trial
June 28, 2016
ALBANY, N.Y. –– The New York Court of Appeals has affirmed an intermediate appellate court order rejecting challenges to the consolidation of two asbestos cases for trial while ruling that the defendant failed to properly preserve its challenges to the order.
In a June 28 order, New York’s highest court explained that the defendant had not challenged the trial court’s joint trial order until its post-trial motion, “which is insufficient to preserve its contention for appellate review.”
The plaintiffs asserted the claims on behalf of Dave J. Konstantin, contending that his work as a carpenter at construction sites exposed him ...