N.Y. Court Reverses Award of Summary Judgment, Says Defendants Failed to Prove Claims Were Untimely

ALBANY, N.Y. –– A New York appellate court has reversed an award of summary judgment to two defendants in a secondary asbestos exposure suit, finding they had failed to establish that the plaintiff’s injury was a separate and distinct disease from any of those previously diagnosed.

In the March 31 ruling, the New York Supreme Court, Appellate Division, 3rd Judicial Department, reversed a trial court’s holding that the claims were untimely.

In her complaint, plaintiff Linda Wells alleged that she developed malignant epithelial mesothelioma as a result of secondary exposure to asbestos. Wells specifically contended that her father brought asbestos …