N.Y. Appellate Court Rejects 3M Appeal of Summary Judgment Denial

BUFFALO, N.Y. — A New York appellate panel has affirmed an order denying summary judgment to Minnesota Mining & Manufacturing Co. in a school aide’s toxic tort action, finding no good cause for delay in bringing an untimely motion. Lapp v. Minnesota Mining & Manufacturing Company Inc., No. CA 12-00130 (N.Y. Sup., App. Div., 4th Dept.).

The Supreme Court Appellate Division, Fourth Department, said in a one-page order June 15 that the trial court properly denied the motion because it was filed beyond the 120-day window following the court’s Note of Issue, indicating the case is ready for trial.

Plaintiff …