N.Y. Court Rejects Summary Judgment Motion from Caulk Defendant in Asbestos Case

NEW YORK –– DAP Inc.’s efforts to obtain summary judgment in an asbestos case have been rejected by a New York trial court, which concluded that the defendant had failed to sufficiently challenge the claims on product identification and causation grounds.

In the Nov. 28 order, the New York Supreme Court for New York County found that the defendant’s reliance on an affidavit from a DAP employee stating there was not asbestos in its caulking products was misplaced, as it failed to specify the information he used to form this conclusion.

Plaintiff Roberta Gartner filed the underlying claims on …