N.Y. Court Awards Sanctions in Asbestos Case, Cites ‘Frivolous Conduct Intended to Delay’ Trial

NEW YORK –– A New York court has rejected defense efforts to obtain summary judgment in an asbestos case, concluding that the defendants had “merely pointed to gaps in plaintiff’s proof and has failed to provide evidence to establish that plaintiff was not exposed to asbestos through one of its products.”

In the May 9 order, the New York Supreme Court for New York County also concluded that the plaintiffs were entitled to sanctions totaling $30,000, citing a “pattern of litigation conduct intended to prolong discovery and delay the trial in this action….”

“…[M]oving defendants had all the evidence necessary …