N.Y. Appellate Court Affirms Denial of Summary Judgment Motion by Cleaver-Brooks in Asbestos Action

NEW YORK –– A New York appellate court has affirmed a trial court’s order denying summary judgment to Cleaver-Brooks in an asbestos action, finding that the court “applied the correct standard” on the defendant’s efforts.

In the Oct. 13 order, the New York Supreme Court, Appellate Division, wrote that “the record demonstrates that in support of its motion, Cleaver-Brooks merely pointed to perceived gaps in plaintiff’s proof, rather than submitting evidence showing why his claims fail.”

Plaintiff Mark Ricci filed the complaint, contending that he was exposed to asbestos in a secondary capacity. The plaintiff specifically said that he encountered …