Court Finds Defendant Didn't Have Supervisory Role, Reverses Decision

NEW YORK -- An appellate court has opined that even though an asbestos defendant had supervisors on the premises where exposure is alleged, that does not mean the defendant controlled the work site. Philbin, et al. v. ACandS Inc., et al., No. 111231/01 (N.Y. Sup. Ct., App. Div., 1st Dept.).

The First Department of the Appellate Division of the New York Supreme Court released the opinion on Jan. 10.

Plaintiff Muriel Philbin claimed that asbestos exposure arose after working on a roofing project at a Consolidated Edison Co. work site. Consolidated Edison was denied a summary judgment motion by the …