N.Y. Court Reverses Order Denying Summary Judgment, Says Coke Ovens Affixed to Real Property Don’t Constitute ‘Product’

ROCHESTER, N.Y. –– A New York appellate court has reversed an order denying summary judgment to Honeywell International, reaching the conclusion that the asbestos-containing products at issue did not constitute a product as the trial court had found, but instead were permanently affixed to the real property.

In the May 5 order, the Fourth Judicial Department of the Appellate Division of the New York Supreme Court opined that “service predominated the transaction herein and that it was a contract for the rendition of services, rather than a contract for the sale of a product.”

The plaintiffs brought the action on …