DAP Inc.’s Motion for Summary Judgment in Asbestos Case Denied by N.Y. Court

NEW YORK –– An asbestos defendant named in a New York case has failed to establish that its caulking products could not have been the cause of the decedent’s mesothelioma, a court has ruled, denying the company’s motion for summary judgment.

In an Oct. 3 order, the New York Supreme Court for New York County wrote that “a reasonable juror could determine that asbestos exposure from DAP products was a contributing cause of plaintiff’s illness.”

The underlying claims were brought on behalf of Anna M. Buczynski, who allegedly was exposed to asbestos fibers on her former husband’s work clothing, …