Summary Judgment Reversed, Court Claims Product Identification Triable Issue

ROCHESTER, N.Y. -- A New York appellate court has reversed an award of summary judgment to an asbestos defendant, finding that the plaintiff had raised sufficient evidence in opposing the defendant's claims that their product was not sold at the alleged site of exposure. Root v. Eastern Refractories Co., et al., No. 04-01412 (N.Y. Sup. Ct., App. Div., 4th Dept.).

In a Dec. 30 opinion, the 4th Department of the New York Supreme Court Appellate Division found that the parties had each presented sufficient evidence to further their arguments about what products were present during the alleged asbestos exposure, warranting …