Judge Denies N.Y. Plaintiffs' Attempt to Join Punitive Damages Claim to Upcoming Trial

NEW YORK -- A New York judge has denied an attempt by plaintiffs in an asbestos case to join punitive damage claims - ordinarily deferred until after liability has been determined - to an upcoming trial. Gadaleta, et al. v. ACandS, et al., No. 110739/02 (N.Y. Sup. Ct., N.Y. Cty.).

In a Sept. 27 decision, New York Supreme Court Justice Diane A. Lebedeff held that New York's long-established case management orders regulating the state's asbestos docket prohibit the joinder of punitive damages claims at such an early stage when the plaintiff alleges exposure to asbestos and tobacco.

'The court …