N.Y. Court Dismisses Asbestos Labor Law Claims, Cites Insufficient Evidence that Defendant Controlled Work

NEW YORK –– A New York trial court has dismissed asbestos claims against a property manager, finding that the plaintiffs had not established that the defendant controlled the manner in which the plaintiff performed his work.

In the Aug. 28 decision, the New York Supreme Court for New York County held that the plaintiffs could not pursue Labor Law claims against Cushman & Wakefield Inc.

The plaintiffs assert that William E. Krauss was exposed to asbestos while working as a union sheet metal worker installing HVAC systems and other ductwork throughout New York City.

Krauss testified that Cushman oversaw …