N.Y. Court Denies Boiler Defendant’s Efforts to Toss Failure-to-Warn, Punitive Damages Claims in Asbestos Case

NEW YORK –– A New York trial court has denied a motion to dismiss filed by Burnham in an asbestos case, finding that the plaintiffs had provided sufficient evidence to support allegations that the company specified, and knew of the use of, and sold asbestos-containing materials for insulating its boilers.

In the Dec. 20 order, the New York Supreme Court for the New York County also rejected challenges to the plaintiffs’ punitive damage cause of action, concluding that the company was aware of the prayer for punitive damages, “but failed to seek discovery on the issue until after the case …