Inadmissible Trial Evidence Sufficient to Defeat Summary Judgment in Asbestos Case

NEW YORK - In affirming denial of summary judgment to an insulation contractor, a New York appeals court has held that an asbestos plaintiff need not provide a precise cause of his alleged injuries, only facts and conditions from which a defendant's liability may be reasonably inferred. Oken v. A.C.& S., et al., No. 03680 (N.Y. Sup. Ct., App. Div., First Dept.).

The First Department New York Appellate Division issued the ruling May 6, finding that evidence offered in opposition to defendant Keasby's motion for summary judgment, though it may be inadmissible at trial, may be considered in response to …