N.Y. High Court Refuses to Hear Appeal of CMO Allowing Punitive Damage Awards in NYCAL

NEW YORK –– New York’s highest court has declined to hear an appeal over whether a New York trial court erred when amending the New York City Asbestos Litigation docket’s case management order to include punitive damages.

In a one-page order issued Sept. 6, the New York Court of Appeals dismissed the appeal sua sponte “upon the ground that the order appealed from does not finally determine an action or proceeding within the meaning of the Constitution.”

Sources told HarrisMartin that, prior to its ruling, the high court had asked the parties to submit letters addressing the issue of whether …