N.Y. Court Rejects Meso Plaintiff's Claims First Raised on Appeal

NEW YORK - A New York court has affirmed summary judgment for an engineering subcontractor in a wrongful death suit, saying claims that the company's issuance of insulation specifications requiring or allowing the use of asbestos at the decedent's work site caused his mesothelioma were improperly raised for the first time on appeal. Held, et al. v. A.W. Chesterton Co., et al., No. 104048/05 (N.Y. Sup. Ct., App. Div., 1st Dept.).

The Appellate Division of New York's Supreme Court on June 12 also stated that, in any event, the record establishes that months before the decedent began working at the …