N.Y. Court Refuses to Rehear Arguments Relating to Summary Judgment Order in Asbestos Case

NEW YORK –– A New York trial court has refused to rehear opposition to an asbestos defendant’s motion for summary judgment, concluding that the plaintiffs have failed to prove that they could not obtain the testimony of the decedent’s brother prior to the court’s ruling on the original motion.

In a June 10 order, the New York Supreme Court for New York County noted that the plaintiffs had failed to establish why they could not have subpoenaed the decedent’s brother for his testimony when filing their opposition to Lord & Burnham’s no-evidence motion for summary judgment.

The plaintiffs asserted the …