New York Asbestos Case Law

Asbestos decisions from New York's courts and the federal courts there: 711 cases in our library so far. For what the law requires today, see New York asbestos laws; for where exposure happened, see New York asbestos exposure sites.

State trial courts

New York Supreme Court

• Swogger v. Waterman SS Corp. (1987). The court denied the third-party defendants' motions to dismiss the third-party complaints of Sea-Land and Puerto Rico Marine Management, holding that federal admiralty law governs, so the shipowners' indemnity and contribution claims survive.
• BD. OF Educ. v. Ambach (Monroe, 1984). The court granted the Commissioner of Education's cross motion for summary judgment and denied the Hilton school board's motion, holding that friable asbestos ceilings at Northwood Elementary School were an imminent health hazard under the School Asbestos Safety Act.

New York Surrogate's Court

• Matter of Lucano (Queens, 2024). The Surrogate's Court denied the executor's unopposed motion to redact or seal the terms of a wrongful death settlement in the petition and supporting papers, because he did not show good cause.
• Matter of Benson (Albany, 2019). The Surrogate's Court denied Weitz & Luxenberg's motion to drop Robert Thomas Benson as a party, and ruled that he could proceed as co-administrator and petitioner against the law firm.
• Matter of Miller (Erie, 2014). The Surrogate's Court denied the executrix's petition to declare missing daughter Constance dead, and approved the settlement allocation (90% conscious pain and suffering, 10% wrongful death) but split the wrongful death share equally between Miller and Barbara Streif, giving nothing to Constance.

Federal appeals courts

U.S. Court of Appeals, Second Circuit

• In re Johns-Manville Corporation (2022). The Second Circuit affirmed the district court's judgment upholding the bankruptcy court's injunction, so Graphic Packaging won and the Berry estate lost its bid to continue claims against Graphic in Louisiana state court.
• US v. Silver (2017). The Second Circuit vacated Sheldon Silver's convictions on all counts (honest services fraud, Hobbs Act extortion, money laundering) because the jury instruction on "official act" was erroneous under McDonnell and the error was not harmless, and remanded; it rejected his sufficiency challenges.
• Cuomo v. Crane Co. (2014). The Second Circuit reversed the district court's order remanding the case to state court, holding that Crane Co. had shown a colorable federal contractor defense sufficient for federal officer removal, so Crane won and Susan Cuomo lost the remand.
• US v. Thorn (2006). The Second Circuit affirmed the restitution order and the nine-level enhancement, but vacated the sentence and remanded for resentencing, ordering an abuse-of-trust enhancement, use of the money laundering guideline without departure, and Criminal History Category II; the government largely prevailed over Thorn.
• US v. Thorn (2003). The Second Circuit vacated Thorn's sentence and remanded for resentencing on the government's appeal, and affirmed the District Court's denial of Thorn's Rule 29 motion on the money laundering count.
• Caruolo v. John Crane, Inc. (2000). The Second Circuit affirmed the jury verdict for Paul and Margaret Caruolo against John Crane, Inc. and the denial of a new trial. It vacated the prejudgment interest award and remanded for recalculation under Rhode Island law, which favored the Caruolos on their cross-appeal.
• Hamilton v. Atlas Turner, Inc. (1999). The Second Circuit reversed the district court's post-verdict dismissal for lack of personal jurisdiction, holding Atlas Turner forfeited the defense, and remanded for consideration of Atlas's other challenges to judgment on the plaintiff's verdict.
• Buckley v. Metro-North Commuter RR (1996). The Second Circuit vacated the judgment as a matter of law for Metro-North Commuter Railroad and remanded for a jury trial on Michael Buckley's emotional distress and medical monitoring claims.
• Consorti v. Owens-Corning Fiberglas Corp. (1995). The Second Circuit did not decide the appeal; it certified to the New York Court of Appeals the question whether a spouse's loss of consortium claim is valid when mesothelioma arose after the marriage from asbestos exposure before it, and kept jurisdiction pending the answer.
• Maiorana v. United States Mineral Prods. Co. (In re Joint Eastern & Southern Dist. Asbestos Lit.) (1995). The Second Circuit reversed the district court's judgment as a matter of law for United States Mineral Products and reinstated the plaintiff's jury verdict, affirmed rulings against the contractor third-party defendants, and remanded so plaintiff could choose between the remittitur and a new trial.
• Kreppein v. Celotex Corp. (1992). The Second Circuit affirmed the judgment holding Celotex liable for 32.5% of the damages to Mary Kreppein, rejecting Celotex's challenges on product nexus, apportionment and the amended complaint, and denied plaintiff's request for sanctions.
• Kulzer v. Pittsburgh-Corning Corp. (1991). The Second Circuit reversed the judgment for the plaintiff against Owens-Corning Fiberglas and remanded with instructions to dismiss the complaint as time-barred, because the revival statute's exception applied.
• Grispo v. Eagle-Picher Indus. (In re Joint E. & S. Dist. New York Asbestos Lit.) (1990). The Second Circuit affirmed the denial of Eagle-Picher's summary judgment motion on the military contractor defense, vacated the grant of summary judgment for the workers striking that defense, and remanded for further proceedings.
• Raney v. Owens-Illinois, Inc. (1990). The Second Circuit affirmed the district court's judgment of about $450,000 for the widow, Edna Raney, against Owens-Illinois, Celotex and Raymark, holding the evidence let the jury find the missing asbestos warnings were a proximate cause of her husband's death.
• Simpson v. Pittsburgh Corning Corp. (1990). The Second Circuit affirmed the judgment for Helen Simpson against Pittsburgh Corning, including $1,277,000 in compensatory damages and $2,300,000 in punitive damages.
• Kane v. Johns-Manville Corp. (1988). The Second Circuit affirmed the District Court's order, which had upheld the Bankruptcy Court's confirmation of Manville's reorganization plan, so Manville and the plan's supporters won and claimant Kane lost.

Federal district courts

U.S. District Court, Eastern District of New York

• McCormick v. Burnham (In re Asbestos Litigation) (2013). The court granted the defendants' in limine motion in substance, ruling that Kansas law governs the McCormick claims, including comparative fault and $250,000 caps on non-economic damages, and ordered a verdict sheet and jury charge.
• Falise v. American Tobacco Co. (2000). The court granted the tobacco defendants summary judgment on the Trust's RICO settlement, litigation and investment claims and related conspiracy claims, but denied it on the RICO direct payment claim and the New York fraud claim, and denied dismissal on preemption.
• Penny v. United Fruit Co. (1994). The court dismissed the widow's asbestos claims against Cunard Steam, Elders, Royal Mail and Shaw Savill for lack of personal jurisdiction (and alternatively on forum non conveniens), and granted summary judgment to United Fruit, United Brands, Furness Withy Group and Furness Withy.
• Kreppein v. Owens-Illinois (In re New York Asbestos Litigation) (1990). The court granted Owens-Illinois' motion for reconsideration, held the widow's claims against it barred by collateral estoppel, and vacated the judgment as to it; it denied the JNOV, new trial and remittitur motions of U.S. Mineral, Eagle-Picher and Celotex, leaving the verdict against them in place.
• Rummo v. The Celotex Corp. (In re Joint Eastern & Southern Dist. Asbestos Lit.) (1989). The court held that the jury's alternative award of $775,000 for lost future earnings, based on pre-injury work-life expectancy, was proper against Celotex and upheld it for plaintiff Frank Rummo.

U.S. District Court, Northern District of New York

• LaFLAIR v. Johnson & Johnson (2019). The district court granted plaintiff Marilyn LaFlair's motion to remand to New York state court, finding Johnson & Johnson had not shown that non-diverse defendant Kolmar was fraudulently joined; it denied her request for attorney's fees and denied the defendants' motions to stay as moot.
• Crews v. Air & Liquid Systems Corporation (2014). The court granted Crane Co.'s motion for summary judgment on the negligence, strict liability and failure-to-warn claims by Dwight and Peggy Crews, because Mr. Crews could not show exposure to asbestos in Crane Co.'s products.
• Gates v. Smith Water Products Co. (2014). The district court denied the executor's motion to remand to state court, so the case stays in federal court on Crane Co.'s federal officer removal.
• Osterhout v. Air & Liquid Systems Corporation (2014). The district court denied the Osterhouts' motion to remand to state court, finding Foster Wheeler and General Electric had a colorable government contractor defense, and denied without prejudice their motion for partial summary judgment on that defense.
• Gennone v. AJ Eckert Company, Inc. (2010). The district court granted summary judgment to Detroit Diesel Corporation and dismissed the plaintiffs' claims against it with prejudice, ruling it was not a successor to General Motors' liability; the plaintiffs lost.

U.S. District Court, Southern District of New York

• Gref v. American International Industries (2025). The court adopted the magistrate judge's report, granted plaintiff Gref's Rule 41(a)(2) motion to dismiss his claims against American International Industries with prejudice, and denied AII's request for fees and costs.
• Keller v. Exxonmobil Oil Corporation (2025). The court excluded the testimony of plaintiff's causation expert Dr. Kradin and granted summary judgment to defendant ExxonMobil Oil Corporation, dismissing Keller's Jones Act asbestos lung cancer claim; the other expert motions were denied as moot.
• Farris v. Avon Products, Inc. (2024). The magistrate judge recommended that the court grant the executor's motion and approve the $600,000 wrongful death settlement with Johnson & Johnson, LTL Management, the Pfizer Protected Parties and Bristol-Myers Squibb, plus $199,999.99 in attorney's fees and $39,758.58 in expenses.
• Gref v. American International Industries (2024). The court denied the defendants' joint motion to preclude plaintiff Gref's supplemental expert disclosures, finding the late disclosures unjustified but harmless, and said Dr. Moline's deposition could be reopened.
• Gref v. American International Industries (2024). The court said it would decide the motion to preclude Plaintiff's supplemental expert disclosures before ruling on Colgate-Palmolive's request for more time to depose Dr. Moline, and it terminated the request for more time (ECF No. 376) for the time being.
• Gref v. American International Industries (2024). The magistrate judge denied plaintiff Gref's motion for sanctions against defendant American International Industries, finding no bad faith in its pursuit of discovery about the identities of the 33 subjects in Dr. Moline's article.
• Ironshore Specialty Insurance Company v. Color Techniques, Inc. (2024). The court denied Color Techniques' motion for partial judgment on the pleadings seeking a declaration that insurer Ironshore must defend it in the California asbestos suits, so Ironshore won at this stage.
• Badamo v. Chevron USA Inc. (2022). The court denied the summary judgment motions of Farrell Lines, Chiquita and Chevron, so the executor's Jones Act claim over Badamo's lung cancer goes forward.
• Patterson v. Colon (2022). The court granted correctional officer Francisco J. Colon's motion to dismiss inmate Andre Patterson's Eighth Amendment claim over an alleged asbestos-related exposure, denied leave to amend again, and closed the case.
• Pritt v. Air & Liquid Systems Corporation (2022). The court denied General Electric's motion to exclude plaintiffs' industrial hygiene expert Dr. Tsai and denied as moot its motion to exclude Capt. Burger. It granted GE summary judgment on the Navy-service claims, denied it on the civilian electrician claims, and denied it on loss of consortium and punitive damages.
• Graham v. Bristol-Myers Squibb Company (2021). The court granted plaintiff Graham's motion to voluntarily dismiss her case without prejudice so she could refile in New York state court, over the objections of defendants including Revlon, and denied the pending motions to dismiss as moot.
• Paroni EX rel. Estate OF Paroni v. General Electric UK Holdings Ltd. (2021). The court held it lacked personal jurisdiction over defendant GE UK Holdings Ltd, granting its motion to dismiss, but gave plaintiff Elodie Paroni two weeks to move to transfer the case to California, failing which the case would be dismissed without prejudice.
• Paroni v. General Electric UK Holdings Ltd. (2021). The court granted plaintiff Elodie Paroni's unopposed motion and transferred the case against General Electric UK Holdings Ltd. to the Northern District of California to cure the lack of personal jurisdiction in New York.
• Phelps v. CBS Corporation (2021). The court granted Foster Wheeler's motion for summary judgment on all claims because plaintiff Phelps failed to show it had a duty to warn under maritime law, and administratively denied Foster Wheeler's four Daubert motions.
• In re Johns-Manville Corporation (2020). The district court affirmed the bankruptcy court's order enjoining Lydia Berry's asbestos claims against Graphic Packaging, ruling for Graphic Packaging and against Berry.
• McDaniel v. Revlon, Inc. (2020). The court granted plaintiffs Laura and Edward McDaniel's motion to voluntarily dismiss the case without prejudice under Rule 41(a)(2) over the objection of defendants WCD and Revlon, so plaintiffs could re-file in New York state court.
• Paroni EX rel. Estate OF Paroni v. Alstom SA (2020). The court granted plaintiff Elodie Paroni's request for jurisdictional discovery and denied Alstom SA's motion to dismiss for lack of personal jurisdiction without prejudice to renewal after discovery.
• Phelps v. CBS Corporation (2020). The court granted in part and denied in part Crane Co.'s motions to exclude plaintiff's experts (excluding part of the lost-earnings and fringe-benefit testimony) and denied Crane Co.'s motion for summary judgment, so the estate's claim against Crane Co. goes forward.
• Shanahan v. Kolmar Laboratories, Inc. (2019). The court granted Plaintiffs' motion to remand to New York state court, finding Johnson & Johnson had not shown Kolmar was fraudulently joined, and denied Plaintiffs' request for attorney's fees.