N.Y. Court Denies Summary Judgment for American Standard, Says Asbestos Fibers Could Have Flaked Off into Boilers’ Ash Pits

NEW YORK ––American Standard’s attempts to obtain summary judgment in a New York asbestos case have been rejected by the New York court overseeing the claims, after the court determined that the plaintiffs had submitted a triable issue of fact as to whether the decedent was exposed to asbestos in the defendant’s boilers.

In the April 4 decision, the New York Supreme Court for New York County found sufficient evidence that asbestos fibers from the boilers’ other components could have flaked off into the ash pits, which the decedent routinely cleaned.

Frank DeRogatis was allegedly exposed to asbestos …