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

• Bucci v. Air & Liquid Sys. Corp. (2018). The trial court denied the plaintiffs' motion to consolidate the Bucci, Johnsen and Palmeri asbestos cases for a joint trial, ruling for the defendants who opposed it.
• Cohen v. American Biltrite (2018). The court largely denied Colgate-Palmolive's motion to preclude plaintiff's expert Dr. Webber, but barred any opinion on what the law requires or allows, without prejudice to objections at trial.
• Cohen v. American Biltrite Inc. (New York County, 2018). The court granted in part the plaintiff's motion to preclude Colgate-Palmolive's expert, Dr. Brooke Mossman, from giving certain testimony, and otherwise denied it without prejudice to objections at trial.
• Cohen v. American Biltrite Inc. (2018). The court granted plaintiff Steven Cohen's motion in part, precluding evidence of what laws govern FDA regulation of talc and evidence that the FDA classified talc as "generally recognized as safe" or "generally regarded as safe", and otherwise denied the motion without prejudice to objections at trial; Colgate-Palmolive lost the ruling in part.
• Cohen v. American Biltrite Inc. (2018). The court denied Colgate-Palmolive's motion for summary judgment because it failed to meet its initial burden to show the absence of asbestos in its talc, and in any event plaintiff raised factual issues on causation.
• Hooper-Lynch v. Colgate-Palmolive Co. (2018). The trial court denied Colgate-Palmolive's motion for summary judgment dismissing the plaintiff's claims and all cross-claims, so the plaintiff's case proceeds toward trial.
• Hooper-Lynch v. Colgate-Palmolive Co. (2018). The court granted Imerys Talc America and Cyprus Amax Minerals summary judgment on plaintiff's claims for 1968-1979 exposure, which plaintiff did not dispute, but denied it for 1980-1985 because expert testimony conflicted.
• Cavalieri v. A.O. Smith Water Prods. Co. (In re Eighth Judicial District Asbestos Litigation) (Erie, 2018). The court denied A.O. Smith Water Products Co.'s motion for summary judgment, ruling that Hockler v William Powell Co. did not bar the Cavalieris' claims, so plaintiffs Susan and Anthony Cavalieri prevailed on the motion.
• Germain v. Johnson & Johnson (In re New York City Asbestos Litigation) (2018). The trial court denied Johnson & Johnson and Johnson & Johnson Consumer Inc.'s motion for summary judgment, so the plaintiffs' negligence, strict liability, consortium and punitive damages claims go to trial.
• Rothlein v. Johnson & Johnson (In re New York City Asbestos Litigation) (2018). The trial court granted Johnson & Johnson and Johnson & Johnson Consumer Inc. summary judgment only on the express warranty claim and the fourth through tenth causes of action (including loss of consortium), and denied it on negligence, strict liability, implied warranty and punitive damages, so those claims by the Rothleins go to trial.
• Nauheimer v. Union Carbide Corp. (In re New York City Asbestos Litigation) (2018). The court granted plaintiffs' motion to consolidate the Nauheimer and Roqueta asbestos cases for a joint trial over the defendants' opposition, and placed them on the deceased extremis trial list.
• Prokocimer v. R.J. Reynolds Tobacco Co. (In re New York City Asbestos Litigation) (2018). The court granted R.J. Reynolds and Hollingsworth & Vose partial summary judgment dismissing only the spouse's loss of consortium claim, and denied dismissal of the failure to warn and punitive damages claims, so plaintiff Lois Prokocimer won on those.
• Shulman v. Imerys Talc America (In re New York City Asbestos Litigation) (2018). The court denied Imerys Talc America's motion to dismiss for lack of personal jurisdiction, so plaintiffs' claims against it continue, and dismissed the claims against Cyprus Amax Minerals Co. because they had already been dismissed on unopposed summary judgment.
• Hooper-Lynch v. Imerys Talc America (In re New York City Asbestos Litigation) (2018). The court denied Imerys Talc America and Cyprus Amax Minerals' motion to dismiss plaintiff Desiree Hooper-Lynch's claims and all cross-claims for lack of personal jurisdiction, finding specific jurisdiction under CPLR 302(a)(1).
• Holleman v. Cosmetics Specialties (In re New York City Asbestos Litigation) (2018). The court denied Cosmetics Specialties, Inc.'s motion to dismiss for lack of personal jurisdiction, so plaintiff Karlene Holleman's claims and all crossclaims against it continue.
• Johnson v. Aurora Pump Co. (In re New York City Asbestos Litigation) (2018). The court granted Aurora Pump Company's motion to dismiss the complaint and all cross-claims against it for lack of personal jurisdiction, so the plaintiff lost as to Aurora.
• Isernia v. American Biltrite (In re New York City Asbestos Litigation) (2018). The trial court denied American Biltrite, Inc.'s (Amtico) motion for summary judgment, so the plaintiffs' claims and all cross-claims against Amtico stay in the case.
• Swanson v. American Biltrite (In re New York City Asbestos Litigation) (2018). The trial court denied American Biltrite, Inc.'s (Amtico) motion for summary judgment seeking dismissal of the Swansons' complaint and all cross-claims against it.
• Macaluso v. A.O. Smith Water Prods. Co. (In re New York City Asbestos Litigation) (2018). The court upheld the jury's liability verdict against A.O. Smith (with Peerless and Burnham) but found the pain-and-suffering and loss-of-parental-guidance awards excessive, ordering a new trial on damages unless plaintiff agreed to reduced amounts.
• In re New York City Asbestos Litigation (2018). The court granted Jenkins Bros.'s motion in part, vacating the Special Master's ruling on deposition questions #1 and #2 and barring those answers, but confirmed the Special Master's ruling requiring answers to questions #3-8 and found no protective order needed for #9 and #10.
• Black v. Imerys Talc America (In re New York City Asbestos Litigation) (2018). The court denied the motion of Imerys Talc America and Cyprus Amax Minerals to dismiss the claims of Mary and David Black for lack of personal jurisdiction and forum non conveniens, so the plaintiffs won and the moving defendants lost.
• Crozier v. Johnson & Johnson (In re New York City Asbestos Litigation) (2018). The trial court granted Johnson & Johnson and Johnson & Johnson Consumer Inc.'s motion to dismiss the Croziers' complaint and cross-claims for lack of personal jurisdiction, and denied jurisdictional discovery.
• Lindsey v. Colgate-Palmolive Co. (In re New York City Asbestos Litigation) (2018). The court granted Colgate-Palmolive's forum non conveniens motion and dismissed the action without prejudice, on condition that Colgate stipulate to accept service in Indiana, Ohio or Illinois and waive limitations and jurisdictional defenses; if it does not, the motion is denied.
• Grabowski v. The Scotts Miracle-Gro Co. (In re New York City Asbestos Litigation) (2018). The court granted The Scotts Miracle-Gro Company's motion to dismiss the plaintiff's Third Amended Complaint and all cross-claims against it for lack of personal jurisdiction, so the plaintiff lost as to that defendant.
• Cohen v. Imerys Talc America (In re New York City Asbestos Litigation) (2018). The court granted summary judgment to Imerys Talc America, Inc. and Cyprus Amax Minerals Company, dismissing the Cohen plaintiffs' complaint and all cross-claims against them because they were not successors to the talc suppliers.
• Botta v. AERCO Int'l (In re New York City Asbestos Litigation) (2018). The court granted plaintiffs' motion to consolidate in part, ordering the Botta and Anderson cases tried jointly and the Agovino and Panetta cases tried individually, over defendants' opposition.
• Gibson v. Mack Trucks (In re New York City Asbestos Litigation) (2018). The court denied Mack Trucks, Inc.'s motion to dismiss the plaintiff's claims and all cross-claims for lack of personal jurisdiction, holding the defense was waived because it was not raised in its answer.
• Black v. Colgate-Palmolive Co. (In re New York City Asbestos Litigation) (2018). The trial court denied Colgate-Palmolive's motion to dismiss on forum non conveniens grounds, so plaintiffs Mary and David Black's case stays in New York.
• Chen v. Nissan North America (In re New York City Asbestos Litigation) (2018). The court denied Nissan North America's and Volkswagen Group of America's motion to vacate the Special Master's jurisdictional discovery recommendation, confirmed it, and ordered them to respond to plaintiffs' discovery within 30 days.
• Chen v. Volkswagen Group of America (In re New York City Asbestos Litigation) (2018). The trial court denied Volkswagen Group of America's and Nissan North America's motions for summary judgment for lack of personal jurisdiction, and denied the forum non conveniens motions of those two companies and Ford, so plaintiffs kept their New York forum.
• Macaluso v. Carrier Corp. (In re New York City Asbestos Litigation) (2018). The court granted non-party settled defendant Carrier Corporation's motion to quash defendant Peerless Industries' trial subpoena ad testificandum, denied Carrier's request for costs, and allowed Peerless to use Carrier's interrogatories and deposition at trial under the CMO.
• Macaluso v. Burnham (In re New York City Asbestos Litigation) (2018). The court quashed defendant Burnham LLC's trial subpoena for a Trane representative, granting settled non-party Trane's motion in part, denied Trane's request for costs, and allowed Burnham to use Trane's interrogatory answers and deposition at trial.
• Konstantin v. Certain Underwriters AT Lloyd's London (2018). The court denied Resolute Management's pre-answer motion to dismiss the tortious-interference claim brought by the executor of the Konstantin estate, and ordered Resolute to answer within 20 days.
• Matter of Adesso v. AO Smith Water Prods. Co. (2018). The court granted plaintiffs' motion in part, ordering joint trials for Cerato/Lynch, McCormick/Munnelly, Kalachman/Rothman, Hickey/Litz, George/Toy, Hutnick/Soto and Hill/Lipari, and denied joinder for Swanson/Whitaker, Hiddie/Rose, Costa/Endelmann, Lehanka/Snider, Bascomb/Gallagher and for adding Scott to Hill and Lipari, over the defendants' opposition.
• Matter of Crozier v. Avon Prods., Inc. (2018). The trial court denied the motion by Imerys Talc America and Cyprus Amax Minerals to dismiss for lack of personal jurisdiction or forum non conveniens, so the Croziers' claims against them go forward in New York.
• Matter of Murphy-Clagett v. AO Smith Water Prods. Co. (2018). The court quashed Peerless Industries' trial subpoena for a live witness from settled non-party Weil-McLain, denied Weil-McLain's request for costs, and allowed Peerless to use Weil-McLain's interrogatories and deposition at trial under the CMO.
• Garrido v. Johnson & Johnson (Matter of New York City Asbestos Litigation) (2018). The trial court denied Johnson & Johnson and Johnson & Johnson Consumer Inc. summary judgment on the negligence, strict liability, implied warranty and punitive damages claims, but granted it on the express warranty, fraud/conspiracy and several other causes of action, most of which plaintiffs did not oppose.
• Niemeyer v. Colgate-Palmolive Co. (Matter of New York City Asbestos Litigation) (2018). The court granted Colgate-Palmolive's motion to dismiss the plaintiff's breach of warranty, fraud, civil conspiracy and withdrawn premises, Labor Law, contractor and dust mask claims, while allowing the amended complaint to stand as filed without leave of court.
• Montebianco v. AO Smith Corp. (2018). The court denied the plaintiffs' motion to consolidate the Montebianco and Reilly asbestos cases for a joint trial, so the defendants prevailed on the motion.
• National Union Fire Ins. Co. OF Pittsburgh, PA v. Burlington Ins. Co. (2018). The court granted National Union's summary judgment motion in part, declaring that Burlington had a duty to defend Mayore in the World Trade Center clean-up actions, denied Burlington's motion, and left indemnity for trial and defense costs to a Special Referee.
• Pistone v. American Biltrite, Inc. (2018). The trial court granted summary judgment to Mannington Mills and American Biltrite, dismissing Victoria Pistone's complaint and all cross-claims against them, because she did not show that chrysotile causes peritoneal mesothelioma or that she was exposed to enough of it from their products.
• Pogacnik v. AO Smith Water Prods. Co. (2018). The court granted the Port Authority's motion to dismiss in part, dismissing claims based on exposure at JFK Airport in 1976-1979 because the notice of claim did not cover them, and denied it for exposure in 1972-1975.
• Pogacnik v. AO Smith Water Products Co. (2018). The court denied defendant Mannington Mills's motion for summary judgment, so plaintiff's claims over Leon Pogacnik's mesothelioma and death continued.
• Pyle v. Pfizer Inc. (2018). The trial court denied Pfizer Inc. and Coty, Inc.'s motion to dismiss on forum non conveniens grounds, so the Pyles' case stays in New York, and granted defendants' unopposed motion to amend their memorandum of law.
• Robaey v. Air & Liquid Sys. Corp. (2018). The court denied Fel-Pro's motion for judgment as a matter of law and for a new trial on liability and recklessness, but vacated the $50 million and $25 million awards and ordered a new trial on damages unless the Robaeys agreed to reduced awards.
• Shulman v. Brenntag N. AM., Inc. (2018). The trial court granted Johnson & Johnson and Johnson & Johnson Consumer Inc. summary judgment only on the express warranty claims and denied the rest of their motion, so plaintiffs Shulman and Krutkovich's negligence, strict liability, punitive damages and implied warranty claims remain for trial.
• Theodore v. Air & Liquid Sys. Corp. (2018). The court granted the motions of Caterpillar Inc. and Aurora Pump Company and dismissed the claims against them for lack of personal jurisdiction, so plaintiff Gregory Theodore lost as to those two defendants.
• Watts v. A & J Plumbing & Heating Corp. (2018). The trial court granted Dyson-Kissner-Moran Corporation's motion to dismiss (or for summary judgment), dismissing the plaintiffs' claims and RAL Supply Group's third-party claims against it, while the case continued against the remaining defendants.
• Zoas v. BASF Catalysts, LLC (2018). The court denied Johnson & Johnson and Johnson & Johnson Consumer Inc.'s motion for summary judgment dismissing the amended complaint, so plaintiffs Ann and Christos Zoas' claims against them go forward.
• All Craft Fabricators, Inc. v. Atc Assoc., Inc. (2017). The court granted summary judgment to defendants International Paper Company and Owens-Illinois, Inc., dismissing all claims and cross-claims against them brought by All Craft Fabricators and Donaldson Interiors.