Ambruso v. Goulds Pumps (Matter of New York City Asbestos Litigation, 2013)

Our plain-English summary of Matter of New York City Asbestos Litigation (New York Supreme Court, May 3, 2013).

Plaintiffs, mostly estates or families of workers who developed lung cancer or mesothelioma, asked the New York County Supreme Court to consolidate their 15 asbestos cases into four joint trials. Defendants, including pump, boiler and parts makers, opposed. The workers had been exposed in different settings: Navy yards and ships, industrial and commercial construction and maintenance, auto garages and bus repair, and residential building maintenance. The court applied the factors from Malcolm v. National Gypsum, including worksite, occupation, time of exposure, disease, whether plaintiffs were alive, discovery status, counsel and overlap of defendants. It granted the motion and created four groups: eight Navy cases, three construction cases, two automotive cases and two building maintenance cases. It found common issues predominated, that state-of-the-art and medical evidence would overlap, and that defendants had not shown undue prejudice or a due process violation. It also ordered the parties to attend a settlement conference on May 24, 2013.

We wrote this summary from the court's opinion with the help of AI. It is not the court's wording, and it is not legal advice. The full opinion is below.

The decision

• Court: New York Supreme Court
• Decided: May 3, 2013
• Citation: 2013 NY Slip Op 30954
• Docket: Docket No. 116087/05, Motion Seq. No. 14
• Stage: Other
• Unpublished opinion. Many courts limit citing unpublished opinions as precedent.
• State: New York

Outcome. The court granted plaintiffs' motion to consolidate 15 asbestos cases into four joint-trial groups (Navy, Construction, Automotive, Building Maintenance) over the defendants' opposition.

What the court held. A motion for a joint trial is decided in the trial court's discretion and should be granted unless the opposing party shows prejudice to a substantial right. In asbestos cases, courts weigh the Malcolm factors, such as worksite, occupation, period of exposure, disease, whether plaintiffs are alive, discovery status and counsel.

Issues decided: Trial Procedure and Discovery.

The people and their exposure

• Leonard A. Ambruso: lung cancer; died

• Robert Cynamon: lung cancer

• Peter Consorti: mesothelioma; died

• James Durham: lung cancer

• George Eichen: mesothelioma; died

• William Harriet: mesothelioma; died

• Bernard Hochberg: mesothelioma; died

• Vincenzo Montuoro: lung cancer; died

• Donald Rauscher: lung cancer; died

• Anthony Rimicci: mesothelioma; died

• Gordon Rockmaker: mesothelioma; died

• Benny Romano: lung cancer; died

• Anthony Santini: mesothelioma; died

• Norman Vorchheimer: lung cancer; died

• William Wubbe: lung cancer; died

Who	Work	Where	When	Products
Leonard A. Ambruso	electrical engineer		1950s-1980s	boilers, furnaces, pumps, compressors, electrical switchboards
Robert Cynamon	shipfitter and seaman in the United States Navy (shipyards and maritime work); military service	Brooklyn Navy Yard, Brooklyn, New York	1940s	gaskets and packing, engines, pumps, valves, turbines, generators, gaskets, packing
Robert Cynamon	shipfitter and seaman in the United States Navy (shipyards and maritime work); military service	USS Chicago	1940s	gaskets and packing, engines, pumps, valves, turbines, generators, gaskets, packing
Peter Consorti	insulator (construction)		1950s-1990s	pipe and block insulation, asbestos paper, felt and millboard, asbestos textiles, baskets, cloth, felts, cement, mastic, canvas, aircell boards, cellular boards, millboard, twine, pipe covering, block insulation
James Durham	general laborer, bus cleaner, and mechanic's assistant		1970s-1980s	brakes, clutches and friction materials, gaskets and packing, automotive brakes, clutches, gaskets
George Eichen	fireman in the boiler room and electrician's mate for the Navy (shipyards and maritime work); military service	Brooklyn Yard, Brooklyn, New York	1940s	gaskets and packing, electrical equipment, pumps, engines, valves, gaskets, packing
George Eichen	fireman in the boiler room and electrician's mate for the Navy (shipyards and maritime work); military service	USS Sims DE-154	1940s	gaskets and packing, electrical equipment, pumps, engines, valves, gaskets, packing
William Harriet	pipefitter and welder (shipyards and maritime work)	Brooklyn navy yard, Brooklyn, New York	1940s-1960s	refractory products, gaskets and packing, boilers, turbines, pumps, generators, compressors, valves, refractory products, gaskets, packing
William Harriet	pipefitter and welder (shipyards and maritime work)	Todd Shipyard, Brooklyn, New York	1940s-1960s	refractory products, gaskets and packing, boilers, turbines, pumps, generators, compressors, valves, refractory products, gaskets, packing
Bernard Hochberg	electrician's helper and mate for the Navy (shipyards and maritime work); military service		1940s	gaskets and packing, boilers, pumps, steam pipes, turbines, valves, gaskets, packing
Vincenzo Montuoro	welder (shipyards and maritime work)	navy yard in Brooklyn, Brooklyn, New York	1940s and 1960s	gaskets and packing, boilers, pumps, valves, turbines, gaskets, packing
Donald Rauscher	boiler mechanic (construction)		1960s-2000s	refractory products, gaskets and packing, boilers, furnaces, pumps, valves, compressors, generators, refractory materials, gaskets, packing
Anthony Rimicci	building maintenance at residential buildings		1950s-1970s	refractory products, joint compound, gaskets and packing, floor tile, refractory products, joint compound, gaskets, packing, cement, tiles
Gordon Rockmaker	electrician's assistant in the Navy (shipyards and maritime work); military service	USS Franklin D. Roosevelt	1940s	gaskets and packing, gaskets, packing, pumps, valves, compressors, turbines
Benny Romano	student mechanic at automotive garages		1940s	brakes, clutches and friction materials, gaskets and packing, automotive brakes, clutches, gaskets
Anthony Santini	maintenance man at residential buildings		1970s-2000s	boilers, plumbing, flooring
Norman Vorchheimer	machinist mate and fireman in the Navy (shipyards and maritime work); military service		1940s	gaskets and packing, boilers, pumps, gaskets, compressors, turbines, valves, engines, packing
William Wubbe	electrician for the Navy (shipyards and maritime work); military service	Brooklyn navy yard, Brooklyn, New York	1950s-1960s	ship and welding equipment
William Wubbe	assembler		1940s	asbestos-reinforced plastics, Bakelite panels

The defendants

• Goulds Pumps Incorporated (manufacturer)
• IMO Industries, Inc. (manufacturer)
• J. H. France Refractories Company (manufacturer)
• Warren Pumps, Inc. (manufacturer)
• General Electric Company (manufacturer)
• Rapid-American Corporation (manufacturer)
• Viacom, Inc. (manufacturer)
• Pneumo Abex LLC (manufacturer)
• Carrier Corporation (manufacturer)
• Buffalo Pumps (manufacturer)
• FMC Corporation (manufacturer)
• Hopeman Brothers, Inc. (manufacturer)
• Sterling Fluid Systems USA, LLC (manufacturer)
• Foster Wheeler Energy Corp. (manufacturer)
• Tyco Flow Control Inc. (manufacturer)
• Crane (manufacturer)
• Peerless (manufacturer)
• Ira S. Bushey and Sons, Inc.
• Trane U.S., Inc. (manufacturer)
• National Automotive Parts Association (supplier)

Decisions this opinion cites

Earlier decisions in our library that the court cited:

• Malcolm v. National Gypsum Co. (U.S. Court of Appeals, Second Circuit, 1993). The Second Circuit reversed the $226,038 judgment that Roberta Kranz, executrix of Lee Lewis's estate, won against Keene Corporation, and remanded for a new trial because consolidating 48 asbestos cases for trial was improper and prejudiced Keene.
• Matter of New York City Asbestos Litig. (New York Supreme Court, Appellate Division, 1st Dept., 2012). The First Department affirmed the trial court's order consolidating the three plaintiffs' actions against Colgate-Palmolive for a joint trial, rejecting Colgate-Palmolive's appeal.

The court's opinion

The text below is Google Scholar's copy of the court's opinion, a public record. Numbers in brackets, such as [*921], mark where each page of the printed reporter begins.

2013 NY Slip Op 30954(U)

IN RE: NEW YORK CITY ASBESTOS LITIGATION

This Document Relates To:

LINDA J. AMBRUSO as Executrix for Estate of LEONARD A. AMBRUSO, etal., Plaintiffs,

v.

A.O. SMITH WATER PRODUCTS COMPANY, etal., Defendants.

Docket No. 116087/05, Motion Seq. No. 14.

May 1, 2013.

Subm.: April 10, 2013.

Filed May 3, 2013.

Supreme Court, New York County.

Nicholas Novack, Esq., Levy Phillips & Konigsberg, LLP, 800 Third Ave., New York, NY 10022, 212-605-6200, For plaintiffs. Alfred J. Sargente, Esq., Smith Abbot, LLP, 90 Broad St., 4th Fl., New York, NY 10004, 212-981-4501, For Pneumo Abex. Jeffrey J. Leibeck, Esq., Damon Morey LLP, The Avant Bldg., Ste. 1200, 200 Delaware Ave., Buffalo, NY 14202, 716-856-5500, For Ntl. Automotive.

Stephen Novakidis, Esq., Sedgwick, LLP, Three Gateway Ctr., 12th Fl., Newark, NJ 07102, 973-242-0002, For Joint Defendants.

Elisa T. Gilbert, Esq., The Gilbert Firm, P.C., 325 E. 57th St., New York, NY 10022, 212-286-8503, For Northrop Grumman. Jessica Muller, Esq., Wilson Elser et al. 150 E. 42nd St., New York, NY 10017, 212-490-3000, For Bushey and Carrier. Keith M. O'Connor, Esq. Forman Perry et al. 328 Newman Springs Rd., Red Bank, NJ 07701, 732-852-4400, For Trane. DECISION AND ORDER

BARBARA JAFFE, Judge.

It is ordered that this motion

DECIDED IN ACCORDANCE WITH ACCOMPANYING DECISION/ORDER

By order to show cause dated February 1, 2013 and supplemented by letter dated March 8, 2013, plaintiffs move pursuant to CPLR 602 for an order consolidating their cases for trial. Defendants jointly oppose, with supplemental opposition submitted by defendants Ira S. Bushey and Sons, Inc. (Bushey), Carrier Corporation (Carrier), Pneumo Abex LLC (Pneumo), Northrop Grumman (Northrop), Trane U.S., Inc. (Trane), and National Automotive Parts Association (NAPA). I. APPLICABLE LAW

Pursuant to CPLR 602(a), a motion for a joint trial rests in the discretion of the trial court. (See Rodgers v Worrell, 214 AD2d 553 [2d Dept 1995]). Generally, in order to join actions for trial, there must be a "plain identity between the issues involved in the []two controversies." (Viggo S.S. Corp. v Marship Corp. of Monrovia, 26 NY2d 157 [1970]). A motion for a joint trial should be granted unless the opposing party demonstrates prejudice to a substantial right. (See Fransen v Maniscalco, 256 AD2d 305 [2nd Dept 1998]; see In re New York City Asbestos Litigation [Bernard], 99 AD3d 410 [1st Dept 2012] [court providently exercised discretion in consolidating actions for joint trial as they involved common questions of law and fact and defendant did not establish prejudice]).

In determining whether to consolidate individual plaintiff's cases for a joint trial where the plaintiffs allege exposure to asbestos, courts consider the factors set forth in Malcolm v Ntl. Gypsum Co., 995 F2d 346 (2d Cir 1993): (1) whether the plaintiffs worked at a common worksite, not necessarily the same work location but a similar kind of worksite;

(2) whether the plaintiffs had similar occupations, as a "worker's exposure to asbestos must depend mainly on his occupation," such as those who worked directly with materials containing asbestos as opposed to those who were exposed to asbestos as bystanders;

(3) whether the plaintiffs were exposed to asbestos over a similar period of time;

(4) whether the plaintiffs suffer or suffered from a similar type of disease, as the jury will hear evidence about the etiology and pathology of each disease, and there is an opportunity for prejudice as asbestosis sufferers may have close to normal life spans while others may have terminal cancers;

(5) whether the plaintiffs are alive; "dead plaintiffs may present the jury with a powerful demonstration of the fate that awaits those claimants who are still living";

(6) the status of discovery in each case;

(7) whether the plaintiffs are represented by the same counsel; and

(8) whether the plaintiffs suffer from the same type of cancer, as each cancer type requires "distinct testimony regarding etiology, pathology, and consequences."

(Malcolm, 995 F2d at 350-353).

Another factor to be considered is the number of defendants named in each case.

II. PLAINTIFFS' INFORMATION

Plaintiffs seek to consolidate their 15 actions into four trial groups, with Group One (Naval Exposure Group) consisting of plaintiffs Cynamon, Eichen, Harriett, Hochberg, Montuoro, Rockmaker, Vorchheimer, and Wubbe, Group Two (Land-Based Construction and Maintenance Group) consisting of plaintiffs Ambruso, Consorti, and Rauscher, Group Three (Automotive Friction Group) consisting of plaintiffs Durham and Romano, and Group Four (Building Maintenance Group) consisting of plaintiffs Rimicci and Santini.

A. Leonard Ambruso

Ambruso died on April 3, 2006 from lung cancer. He was allegedly exposed to asbestos beginning in the 1950s and ending in the 1980s while working as an electrical engineer at industrial and commercial buildings, thereby being exposed to products containing asbestos such as boilers, furnaces, pumps, compressors, and electrical switchboards. The defendants remaining in his action are Goulds Pumps Incorporated (Goulds), IMO Industries, Inc. (IMO), J. H. France Refractories Company (J.H.), and Warren Pumps, Inc. (Warren).

B. Robert Cynamon

Cynamon is dying from lung cancer. He was allegedly exposed to asbestos in the 1940s while serving as a shipfitter and seaman in the United States Navy and working in the Brooklyn Navy Yard and on the USS Chicago, thereby being exposed to products with asbestos components such as engines, pumps, valves, turbines, generators, gaskets, and packing. The defendants remaining in his action are General Electric Company (GE), Goulds, IMO, Rapid-American Corporation (Rapid-American), and Viacom, Inc. (Viacom).

C. Peter Consorti

Consorti died of mesothelioma on February 24, 2004. He worked as an insulator at various industrial and commercial buildings from the 1950s to the 1990s, and was allegedly exposed to asbestos contained in baskets, cloth, felts, cement, mastic, canvas, aircell boards, cellular boards, millboard, paper, twine, pipe covering, and block insulation. The remaining defendants in his action are Goulds, IMO, and J.H.

D. James Durham

Durham is dying from lung cancer. He was allegedly exposed to asbestos while working as a general laborer, bus cleaner, and mechanic's assistant for the New York City Transit Authority during the 1970s and 1980s, and while working with automotive brakes, clutches, and gaskets. The remaining defendants in his action are Pneumo and Rapid-American. E. George Eichen

Eichen died of mesothelioma on February 26, 2008. He worked as a fireman in the boiler room and as an electrician's mate for the Navy at the Brooklyn Yard and on the USS Sims DE-154 in the 1940s. He was allegedly exposed to asbestos contained in electrical equipment, pumps, engines, valves, gaskets, and packing. The remaining defendants in his action are Buffalo Pumps (Buffalo), Carrier, FMC Corporation (FMC), Goulds, Hopeman Brothers, Inc. (Hopeman), IMO, J.H., Sterling Fluid Systems USA, LLC (Sterling), Viacom, and Warren.

F. William Harriet

Harriet died on January 4, 2004 from mesothelioma. He worked for Bethlehem Steel as a pipefitter and welder from the 1940s to the 1960s and at various locations in Brooklyn, New York including the Brooklyn navy yard and the Todd Shipyard. He was allegedly exposed to asbestos contained in boilers, turbines, pumps, generators, compressors, valves, refractory products, gaskets, and packing. The remaining defendants in his action are GE, Goulds, IMO, J.H., Rapid-American, Viacom, and Warren.

G. Bernard Hochberg

Hochberg passed away from mesothelioma on December 30, 2005. He worked as an electrician's helper and mate for the Navy at various yards and ships in the 1940s, when he was allegedly exposed to asbestos contained in boilers, pumps, steam pipes, turbines, valves, gaskets, and packing. The remaining defendants in his action are FMC, Goulds, IMO, J.H., Sterling, Tyco Flow Control Inc. (Tyco), Viacom, and Warren.

H. Vincenzo Montuoro

Montuouro died from lung cancer on March 12, 2004. He worked as a welder at a navy yard in Brooklyn during the 1940s and the 1960s, and was allegedly exposed to asbestos in boilers, pumps, valves, turbines, gaskets, and packing. The remaining defendants in his action are Carrier, Foster Wheeler Energy Corp. (Foster), GE, Goulds, Rapid-American, and Viacom.

I. Donald Rauscher

Rauscher died from lung cancer on June 29, 2003. He was allegedly exposed to asbestos while working as a boiler mechanic at residential and commercial sites during the 1960s to the 2000s, and was exposed to asbestos contained in boilers, furnaces, pumps, valves, compressors, generators, refractory materials, gaskets, and packing. He also served in the Navy in 1960s. The defendants remaining in his action are Goulds, IMO, J.H., Warren, and Peerless.

J. Anthony Rimicci

Rimicci passed away from mesothelioma on December 16, 2002. He performed building maintenance at residential buildings in the 1950s to the 1970s, when he was allegedly exposed to asbestos in refractory products, joint compound, gaskets, packing, cement, and tiles. The defendants remaining in his action are A.O. Smith Water Products Company (A.O. Smith), American Standard, Inc. (American), Burnham Holdings, Inc. (Burnham), Certain Teed Corporation (Certain), Cleaver-Brooks, Inc. (Cleaver-Brooks), Crane, Crane Pumps & Systems, Inc. (Crane Pumps), Empire Ace (Empire), Goulds, IMO, J.H., National US Radiator (National US), Peerless, Rapid-American, Viacom, Weil McLain (Weil), and York Industries, Inc. (York).

K. Gordon Rockmaker

Rockmaker died of mesothelioma on August 26, 2004. He served with the Navy and worked as an electrician's assistant on the USS Franklin D. Roosevelt during the 1940s. He was allegedly exposed to asbestos contained in gaskets, packing, pumps, valves, compressors, and turbines. The defendants remaining in his action are Buffalo, Carrier, FMC, Goulds, IMO, J.H., Peerless, Rapid-American, Tyco, Viacom, and Warren.

L. Benny Romano

Romano passed away from lung cancer on November 14, 2006. He worked as a student mechanic at various automotive garages during the 1940s, when he was allegedly exposed to asbestos contained in automotive brakes, clutches, and gaskets. The defendants remaining in his action are Pneumo and Rapid-American.

M. Anthony Santini

Santini died of mesothelioma on March 2, 2004. During the 1970s to the 2000s, he worked as a maintenance man at residential buildings, and was allegedly exposed to asbestos contained in boilers, plumbing, and flooring. The defendants remaining in his action are A.O. Smith, American, Burnham, Certain, Cleaver-Brooks, Crane, Crane Pumps, Empire, Goulds, IMO, J.H., National US, Peerless, Rapid-American, Viacom, Weil, and York.

N. Norman Vorchheimer

Vorchheimer passed away from lung cancer on September 6, 2002. He served with the Navy as a machinist mate and fireman on four ships during the 1940s, and was allegedly exposed to asbestos in boilers, pumps, gaskets, compressors, turbines, valves, engines, and packing. The defendants remaining in his action are Crane, GE, Goulds, Hopeman, IMO, J.H., Rapid-American, and Viacom.

O. William Wubbe

Wubbe died of lung cancer on December 27, 2007. He served as an electrician for the Navy at the Brooklyn navy yard and on several ships during the 1950s to the 1960s, where he was allegedly exposed to asbestos in ship and welding equipment. He was also allegedly exposed to asbestos while working as an assembler in the 1940s and handled abestos-containing materials including Bakelite panelts. The defendants remaining in his action are Buffalo, Carrier, Crane, FMC, Foster, Goulds, IMO, J.H., Rapid-American, Sterling, Tyco, Viacom, and Warren.

III. ANALYSIS

Based on an analysis of the Malcolm factors and relevant caselaw, the Cynamon, Eichen, Harriett, Hochberg, Montuoro, Rockmaker, Vorchheimer, and Wubbe cases should be consolidated for trial in one group (Navy Group), the Ambruso, Consorti, and Rauscher cases should be consolidated in another group (Construction Group), the Durham and Romano cases consolidated in a third group (Automotive Group), and the Rimicci and Santini cases should be consolidated in a fourth group (Building Maintenance). My reasoning follows:

A. Navy Group — Cynamon, Eichen, Harriett, Hochberg, Montuoro,

Rockmaker, Vorchheimer, Wubbe

These plaintiffs worked in the armed services, and thus federal law may uniquely apply to their actions. (See In the Matter of New York City Asbestos Litigation [Dummitt], 36 Misc 3d 1234[A], 2012 NY Slip Op 51597[U] [Sup Ct, New York County 2012] [as one plaintiff worked for Navy, federal law could be implicated and cause jury confusion if case consolidated with those not involving federal law]; In the Matter of New York City Asbestos Litigation [Altholz], 11 Misc 3d 1063[A], 2006 NY Slip Op 50375[U] [Sup Ct, New York County 2006] [severing for trial case where that plaintiff was only one exposed while working on ship at sea, which could involve federal maritime law and confuse jury]).

All but Wubbe were first exposed to asbestos in the 1940s, and all of them were exposed no later than the 1960s. Thus, any "state of the art" evidence will overlap. (See eg In re New York City Asbestos Litigation [Capozio], 22 Misc 3d 1109[A], 2009 NY Slip Op 50072[U] [Sup Ct, New York County 2009] [similarities in manner in which almost all plaintiffs performed tasks in construction trades which exposed them to asbestos during overlapping periods from 1940s to 1990s; state of art and other expert testimony also would be substantially common]).

All were engaged in activities involving welding or electrical work in the Navy Yard and on ships, and were exposed to asbestos contained within pumps, valves, gaskets, and packing. (See Dummitt, 36 Misc 3d 1234[A] [finding sufficient similarity of occupations as both plaintiffs alleged exposure from work, including equipment repair and maintenance and construction work, and nature of exposure also similar]). While plaintiffs may have worked at different sites, a well-organized trial presentation, including materials for the jurors to use in organizing their deliberations, will reduce any confusion. Seven of the eight plaintiffs are deceased, and while four suffered or suffer from lung cancer and four from mesothelioma, the level of toxicity of their diseases is the same, and much of the same medical evidence will be presented. Any repetitive or redundant medical testimony may be limited to reduce the length of the trial. (See Altholz, 11 Misc 3d at 1063[A] [while most plaintiffs had mesothelioma and one had lung cancer, evidence as to both cancers would not generally cause undue delay or jury confusion as diseases shared comparable etiology and pathology]).

They are also represented by the same attorney, discovery is complete, and all of them will use one of three experts at trial. Finally, of the 16 defendants remaining in these cases, four of the defendants are in two cases, three are in three cases, and nine are in at least four of the cases. Thus, there are defendants in common.

For these reasons, there exist in these eight cases common issues that predominate over individual issues, and defendants have not established that any undue prejudice will result, or that their fourteenth amendment right to due process will be violated.

B. Construction Group — Ambruso, Consorti, Rauscher

These plaintiffs were allegedly exposed to asbestos while working at industrial, residential, and commercial sites and buildings between the 1950s and 2000s, with an overlapping period of two decades between the 1960s and 1980s. Moreover, of the four defendants in these actions, one is a defendant in two actions, while the other three are defendants in all three actions, and again, defendants have not demonstrated undue prejudice or the violation of their right to due process. C. Automotive Group — Durham, Romano

These two plaintiffs worked as mechanics, albeit at different facilities and times, both have or had lung cancer, and both were exposed to asbestos contained in automotive brakes, clutches, and gaskets. Moreover, the same two defendants are named in both cases.

D. Building Maintenance Group — Rimicci, Santini

These plaintiffs performed building maintenance at residential buildings, during an overlapping period in the 1970s, and both died of mesothelioma. Moreover, all 17 defendants involved in these actions are defendants in both actions, and 10 of all

defendants are involved only in these two actions.

IV. CONCLUSION

Accordingly, it is hereby

ORDERED, that plaintiff's motion to consolidate is granted to the extent of consolidating the following cases for a joint trial: (1) Group One — (a) Robert Cynamon, Index No. 119748/02, (b) George Eichen, Index No. 114777/05, (c) William Harriett, Index No. 113966/04, (d) Bernard Hochberg, Index No. 115185/05, (e) Vincenzo Montuoro, Index No. 107279/04, (f) Gordon Rockmaker, Index No. 110157/05, (g) Norman Vorchheimer, Index No.

109455/03, and (h) William Wubbe, Index No. 116162/05;.

(2) Group Two — (a) Leonard Ambruso, Index No. 116087/05, (b) Peter Consorti, Index No. 101948/04, and (c) Donald Rauscher, Index No. 113072/04;

(3) Group Three — (a) James Durham, Index No. 105615/04, and (b) Benny Romano, Index No. 106962/11; and

(4) Group Four — (a) Anthony Rimicci, Index No. 117050/04, and (b) Anthony Santini, Index No. 109973/05; and it is further

ORDERED, that the parties in all of these actions shall appear for a settlement conference and to discuss any remaining discovery issues at 10 am on May 24, 2013, as previously scheduled, in room 279, 80 Centre Street, New York, New York. The defendants are directed to bring their insurance carriers, if any, to the conference and to appear with settlement authority.

Sources

• The opinion on Google Scholar
• New York asbestos laws
• New York asbestos exposure sites