N.Y. Court Denies BW/IP’s Efforts to Dismiss Asbestos Claims, Says Triable Issues of Fact Exist

NEW YORK -- Attempts by a pump manufacturer to throw out asbestos claims asserted against it were rejected by a New York trial court, which found that not only had the defendant failed to establish a prima facie case, but that the plaintiffs had submitted enough evidence to create a triable issue of fact.

In the July 21 order, the New York Supreme Court for New York County denied BW/IP’s motion to dismiss the claims.

Plaintiff Jack Scainetti asserted the claims, contending that he developed mesothelioma as a result of exposure to asbestos while employed at powerhouses. The plaintiff named …