Columbia Boiler Denied Summary Judgment; Court Says Conflicting Evidence Presents Question of Fact for Jury

NEW YORK –– A boiler manufacturer’s efforts to obtain summary judgment have been denied after a New York trial court found that the defendant had not submitted documents to support its assertion that it did not manufacture the boilers during the plaintiff’s alleged period of exposure.

In the April 24 opinion, the New York Supreme Court for New York County wrote that without documentation to support the claims in an affidavit filed by an employee of Columbia Boiler Co. of Pottstown, the conflicting evidence presents a question of fact to be resolved by a jury.

Plaintiff Timothy Meyer, who claims …