N.Y. Appellate Court Affirms Order Denying Summary Judgment on Cross-Claims

NEW YORK –– A New York appellate court has affirmed an order denying a motion for summary judgment filed by two asbestos defendants, saying that the cross-claims should not be dismissed because there is sufficient evidence to establish that the defendants’ employees were in the vicinity of the underlying plaintiff when asbestos-containing materials were in use.

In the three-page March 17 order, the New York Supreme Court, Appellate Division, First Department, wrote that pointing to gaps in the plaintiff’s testimony is insufficient to establish entitlement to a summary judgment award.

In Aug. 2015, the New York County Supreme Court denied …