New York Supreme Court: Asbestos Cases

Our case-law library holds 493 asbestos decisions from the New York Supreme Court (1984–2025). Each links to our summary and the full opinion.

• State: New York
• Kind of court: State trial court

Decisions

• English v. Colgate Palmolive Co. (In re New York City Asbestos Litigation) (2019). The court denied Colgate Palmolive's motion to vacate the Special Master's recommendation and move the case to the FIFO docket, and confirmed the recommendation keeping plaintiffs English and Rasso in the In-Extremis trial cluster.
• Epstein v. Exxon Mobil Corp. (In re New York City Asbestos Litigation) (2019). The court applied Texas's causation standard to plaintiffs' claims against Exxon Mobil but denied Exxon's motion for summary judgment, so plaintiffs' claims against Exxon went forward to trial.
• Epstein v. Port Authority of New York & New Jersey (In re New York City Asbestos Litigation) (2019). The court granted the Port Authority's summary judgment motion in part, dismissing the strict products liability, loss of consortium and punitive damages claims, but denied it on common law negligence and Labor Law § 200, which plaintiffs won on and which go forward.
• Gayoso v. Nissan North America (In re New York City Asbestos Litigation) (2019). The court denied Nissan North America's motion to dismiss for lack of personal jurisdiction, finding the defense waived, and denied its alternative request to preclude plaintiffs' causation expert and for summary judgment on causation, so plaintiffs prevailed.
• Srica v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court denied American Biltrite, Inc.'s motion for summary judgment to dismiss the plaintiffs' complaint and all cross-claims, finding fact issues on general and specific causation.
• Chalco v. Burnham (In re New York City Asbestos Litigation) (2019). The court granted Burnham, LLC's motion for summary judgment and dismissed the plaintiffs' claims and all cross-claims against Burnham, because plaintiffs did not show the decedent was exposed to asbestos from Burnham boilers; claims against the other defendants continue.
• Goodheart v. Kohler Co. (In re New York City Asbestos Litigation) (2019). The court denied defendant Kohler Co.'s motion for summary judgment dismissing the complaint and cross-claims, so plaintiffs Robert and Maureen Goodheart's claims against Kohler go forward.
• Mercatante v. PACCAR (In re New York City Asbestos Litigation) (2019). The court granted PACCAR's summary judgment motion only to dismiss the spousal loss of consortium claim and denied the rest, so the plaintiffs' injury, wrongful death and cross-claims against PACCAR continue.
• Jackson v. CertainTeed Corp. (In re New York City Asbestos Litigation) (2019). The court denied CertainTeed Corporation's motion for summary judgment, so the estate of Stephen Jackson's claims and all cross-claims against CertainTeed go forward to trial.
• Young v. Avon Prods. (In re New York City Asbestos Litigation) (2019). The court granted Avon Products' summary judgment motion only as to the conspiracy and loss of consortium claims, which were dismissed, and denied it on causation and punitive damages, so the plaintiffs' claims proceed to trial.
• Albin v. Mannington Mills (In re New York City Asbestos Litigation) (2019). The court denied Mannington Mills, Inc.'s motion for summary judgment dismissing the Albins' complaint and all cross-claims against it, so the plaintiffs prevailed on the motion.
• Linsky v. Mannington Mills (In re New York City Asbestos Litigation) (2019). The trial court denied Mannington Mills, Inc.'s motion for summary judgment dismissing plaintiff Allison Linsky's complaint and all cross-claims, finding issues of fact on general and specific causation.
• Decanio v. Kohler Co. (In re New York City Asbestos Litigation) (2019). The court denied defendant Kohler Co.'s motion for summary judgment dismissing the plaintiffs' complaint and all cross-claims, so the plaintiffs' claims against Kohler go forward.
• Young v. Whittaker, Clark & Daniels (In re New York City Asbestos Litigation) (2019). The trial court denied defendant Whittaker, Clark & Daniels' motion for summary judgment, so plaintiffs Kim and J.C. Young's claims, including punitive damages, proceed to trial.
• Babcock v. CBS Corp. (In re New York City Asbestos Litigation) (2019). The court granted defendants CBS and General Electric's motion to compel nonparty Memorial Sloan Kettering to produce Arnold Babcock's original pathology materials, denied the hospital's cross-motion for a protective order, and denied CBS and GE's request for sanctions and costs.
• Lewis v. QCP (In re New York City Asbestos Litigation) (2019). The trial court denied QCP, Inc.'s (f/k/a Bakers Pride Oven Co.) motion for summary judgment dismissing the complaint and cross-claims, so plaintiffs Stanley and Veronica Lewis won this motion.
• Young v. Avon Prods. (In re New York City Asbestos Litigation) (2019). The court denied plaintiffs' motion to vacate the Special Master's recommendation and for a protective order, confirmed it, and allowed defendant Avon's expert to perform SEM testing on plaintiffs' expert's samples.
• Licul v. Mario DiBono Plastering Co. (In re New York City Asbestos Litigation) (2019). The trial court denied defendant Mario DiBono Plastering Co.'s motion for summary judgment, so the plaintiffs' claims and the cross-claims against it go forward.
• Gallagher v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court denied American Biltrite, Inc.'s motion for summary judgment dismissing the Gallagher plaintiffs' complaint and all cross-claims, so the plaintiffs' claims against it go forward.
• Leavitt v. Rogers Co. (In re New York City Asbestos Litigation) (2019). The court denied Rogers Company's motion for summary judgment and its motion to dismiss for lack of personal jurisdiction, so the Leavitts' claims against it continue; the plaintiffs' cross-motion for jurisdictional discovery was denied as moot.
• Marzigliano v. American Biltrite (In re New York City Asbestos Litigation) (2019). The trial court denied defendant American Biltrite, Inc.'s motion for summary judgment dismissing the Marzigliano plaintiffs' complaint and all cross-claims, finding fact issues on general and specific causation.
• Czulada v. Aurora Pump Co. (In re New York City Asbestos Litigation) (2019). The court denied Aurora Pump Company's motion to dismiss the complaint and cross-claims for lack of personal jurisdiction, so the Czulada plaintiffs prevailed on the motion.
• Linsky v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court denied American Biltrite, Inc.'s motion for summary judgment dismissing plaintiff Allison Linsky's complaint and all cross-claims, finding fact issues on general and specific causation.
• Mantovi v. American Biltrite (In re New York City Asbestos Litigation) (2019). The court granted American Biltrite, Inc.'s motion for summary judgment and dismissed the Mantovi plaintiffs' complaint and all cross-claims against it.
• Olson v. Imerys Talc America (In re New York City Asbestos Litigation) (2019). The court denied Imerys Talc America and Cyprus Amax Minerals' motion to dismiss for lack of personal jurisdiction, so plaintiffs Donna and Robert Olson's claims against them continue.
• Christy v. A.O. Smith Water Prods. Co. (In re New York City Asbestos Litigation) (2019). The court granted the plaintiffs' motion in part, consolidating eight lung cancer cases into four pairs for trial and ordering the other FIFO cases tried individually over the defendants' opposition.
• ALBIN v. AJAX MAGNETHERMIC CORPORATION (In re New York City Asbestos Litigation) (2019). The court granted the plaintiffs' motion in part, consolidating 18 of the in extremis asbestos cases into eight groups for joint trial over the defendants' opposition and ordering the remaining six cases tried individually.
• Ombramonti v. Morse Diesel (In re New York City Asbestos Litigation) (2019). The trial court denied general contractor Morse Diesel's motion for summary judgment dismissing plaintiff Franco Ombramonti's complaint and all cross-claims, finding triable issues of fact.
• Knudsen v. Air & Liquid Systems Corp. (In re New York City Asbestos Litigation) (2019). The court granted the plaintiffs' motion to consolidate for trial and ordered eight of the eighteen in extremis cases tried jointly in four pairs over the defendants' opposition, with the remaining cases to be tried individually.
• Figueroa v. Waukesha Cherry-Burrell (In re New York City Asbestos Litigation) (2019). The court granted plaintiff Figueroa's motion to compel only to the extent of ordering Waukesha Cherry-Burrell to produce the tagged product cards within five days, and denied sanctions, costs and attorney fees.
• Germain v. Johnson & Johnson (In re New York City Asbestos Litigation) (2019). The court granted plaintiffs' motion only to allow use at trial of Dr. Longo's October 2018 report, vacating the Special Master's preclusion as to that report, confirmed preclusion of any later Longo reports, and denied the rest, so plaintiffs won in part and Johnson & Johnson won in part.
• Stock v. Jenkins Bros. (IN the Matter of the Eighth Judicial District Asbestos Litigation) (Erie, 2019). The trial court denied defendant Jenkins Bros.' motions for judgment notwithstanding the verdict, a new trial and remittitur, and also denied the plaintiffs' motion for a separate jury charge or new trial on future household services, leaving the verdict for the Stocks in place.
• Leavitt v. AO Smith Water Prods., Co. (2019). The trial court denied Plastics Engineering Company's motion to dismiss for lack of personal jurisdiction and for summary judgment, and denied plaintiffs' cross-motion for jurisdictional discovery as moot, so plaintiffs Russell and Joyce Leavitt prevailed on the motion.
• Margolis v. Amchem Prods., Inc. (2019). The court denied American Biltrite, Inc.'s motion for summary judgment dismissing the Margolis plaintiffs' complaint and all cross-claims, because fact issues remained on general and specific causation.
• Matter of Fischer v. American Biltrite, Inc. (2019). The court granted Burnham LLC's motion for summary judgment and dismissed the Fischer plaintiffs' complaint and all cross-claims against Burnham, because Mr. Fischer could not identify Burnham as the maker of the boiler or transite benches.
• Matter of Marzigliano v. Amchem Prods., Inc. (2019). The trial court denied Mannington Mills, Inc.'s motion for summary judgment dismissing plaintiffs' complaint and all cross-claims, finding fact issues on general and specific causation.
• Yavner v. Fulton Boiler Works (Matter of New York City Asbestos Litigation) (2019). The court denied Fulton Boiler Works, Inc.'s motion for summary judgment dismissing the plaintiffs' complaint and all cross-claims, finding fact issues for a jury about when the boiler was installed.
• Fischer v. Burnham (Matter of New York City Asbestos Litigation) (2019). The court denied plaintiff Dona Fischer's motion to vacate and for leave to renew or reargue, leaving in place summary judgment for defendant Burnham (Lord & Burnham).
• Rothlein v. Imerys Talc America (Matter of New York City Asbestos Litigation) (2019). The court granted dismissal of the claims against Cyprus Amax Minerals Company and Cyprus Mineral Co. and of all claims against Imerys for the period before 1979, but denied dismissal of the remaining claims against Imerys, so the plaintiffs kept those claims.
• Alleyne v. Revlon (Matter of New York City Asbestos Litigation) (2019). The trial court denied Revlon's motion to exclude plaintiff Beverley Alleyne's expert Dr. Longo's May 10, 2019 report, adjourned the trial to October 15, 2019 so defendants could test the talc samples, and precluded any later Longo reports on Revlon's Charlie powder.
• Miller v. AO Smith Water Prods. (2019). The court granted Crown Equipment Corporation's motion to dismiss the plaintiffs' claims and all cross claims against it for lack of personal jurisdiction, so plaintiffs lost as to Crown.
• Moldow v. AI Friedman, LP (2019). The court denied Colgate-Palmolive Company's motion for summary judgment dismissing plaintiff Chris Moldow's complaint, the cross-claims and the punitive damages claim, finding issues of fact for trial.
• Olson v. Brenntag N. AM. Inc. (2019). The trial court ruled on what evidence the jury may hear in the punitive-damages phase: it excluded evidence of Johnson & Johnson's post-2015 conduct and statements (a ruling for J & J), and allowed new phase II evidence, out-of-state conduct with a nexus to the harm, and 1960s-1990s advertisements (rulings for plaintiffs).
• Schwartz v. Advance Auto Supply (2019). The court denied Sherwin-Williams' motion for summary judgment dismissing the plaintiffs' complaint and all cross-claims, so the plaintiffs' claims against it go forward.
• Shulman v. Brenntag N. AM., Inc. (2019). The court denied Johnson & Johnson's motion to preclude plaintiffs' expert Dr. Gordon's testimony on destructive testing of Ms. Shulman's pathology blocks, and ordered limited post-note-of-issue expert depositions of both sides' experts on that testing.
• Shulman v. Brenntag N. AM., Inc. (2019). The court granted Imerys Talc America and Cyprus Amax Minerals summary judgment only for the 1977-1979 exposure period, which plaintiff did not contest, and denied it for 1980-2011 and on punitive damages, so plaintiff Shulman's remaining claims go forward.
• Smith v. Advance Auto Parts, Inc. (2019). The court denied defendant Ericsson, Inc.'s motion for summary judgment on causation, finding that plaintiff's evidence and conflicting expert opinions raised fact issues for a jury.
• Temperino v. Amchem Prods. (2019). The court denied American Honda's motion for summary judgment, denied the other defendants' motions to preclude plaintiff's causation experts and for summary judgment, and denied the Frye hearing requests without prejudice to renewal at trial; Ford's motion was marked withdrawn.
• Aston v. Algoma Hardwoods, Inc. (2018). The court granted Dykes Lumber Company's motion to dismiss the complaint and all cross-claims against it for lack of personal jurisdiction, denied jurisdictional discovery, and severed and dismissed the claims against Dykes.
• Brewer v. Avon Prods., Inc. (2018). The trial court denied Imerys Talc America and Cyprus Amax Minerals' motion to dismiss for lack of personal jurisdiction and forum non conveniens, so plaintiff Rebecca Brewer's claims against them continue in New York.