Burnham Not Entitled To Summary Judgment in 2 Asbestos Cases, N.Y. Judge Rules

NEW YORK –– Burnham LLC is not entitled to summary judgment in two asbestos cases involving the defendant’s boilers, a New York court has ruled, finding that a reasonable juror could conclude that the company’s knowledge, and use, of asbestos in their boilers “constituted a prioritization of their corporate benefits over plaintiff’s safety.”

The New York Supreme Court for New York County entered the orders on Oct. 4 in the Giuliano and DeRoy cases.

In the order issued in the Giuliano case, the court explained that Burnham LLC has moved to dismiss the plaintiff’s punitive damages claim, contending that asbestos …