N.Y. Court Allows Asbestos Claims Against Kohler to Proceed, Despite Discrepancies in Deposition Testimony

NEW YORK –– A New York court has denied a summary judgment motion filed by Kohler Co., finding that inconsistencies in the plaintiff’s depositions as to the identification of the defendant’s boilers merely proved that questions of fact could be brought before a jury.

In the March 26 decision, the New York Supreme Court for New York County concluded that the plaintiff’s initial testimony –– in which he identified Kohler boilers as ones with which he worked –– “sufficiently identifies the defendant as a source of his asbestos exposure.”

Kohler Co. moved for summary judgment, contesting claims asserted by Claude …