New York Court Denies Challenges to Timeliness of Claims in Asbestos Case

UTICA, N.Y. –– A New York court has denied a motion to dismiss in an asbestos case, finding that the defendant’s challenges to the timeliness of the complaint failed and concluding that the laws of the forum state dictate whether the action has been timely filed.

In the Aug. 5 opinion, the New York Supreme Court, Oneida County, ruled that the plaintiffs could proceed with a lawsuit that was filed eight days prior to the expiration of a two-year window for filing claims under Wisconsin law, but not served on the defendant prior to the expiration date.

Defendant National Tinsel …