N.Y. Court Reverses Order, Says Salvage Work on Asbestos-Containing Valves Not Reasonably Foreseeable Use of Product

NEW YORK –– A New York appellate court has reversed a lower court’s decision denying The William Powell Co.’s motion for summary judgment, saying that the claims against the defendant should be dismissed since they arose out of an unintended use of the defendant’s product.

In the June 9 opinion, the New York Supreme Court, Appellate Division, First Judicial Department said that the salvage work completed by the plaintiff was not reasonably foreseeable.

Bryan Hockler asserted the claims, contending that he dismantled and salvaged scrap metal from steam systems in vacant buildings in the 1980s. As a result of this …