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 appeals courts

New York Supreme Court, Appellate Division

• Rittenhouse v. St. Regis Hotel Joint Venture (1st Dept., 1992). The Appellate Division left in place the dismissal of Rittenhouse's action on summary judgment for the hotel owners, contractors, architects and liquidator, but reversed and vacated the $10,000 in sanctions the trial court had imposed on her law firm.
• Mendelowitz v. Xerox Corp. (1st Dept., 1991). The Appellate Division modified the Bronx County order on plaintiff's appeal, partly reinstating plaintiff's discovery requests 8 and 9 against Xerox (narrowed) and otherwise affirming the vacatur of request 7.
• Campo v. Asbestospray Corp. (1st Dept., 1990). The appellate court affirmed the dismissal of the complaint against the respondents (Turner & Newall, PLC, et al.), holding the plaintiffs sought an advisory opinion about serious injuries not yet suffered, and denied class certification as moot.
• Swogger v. Waterman SS Corp. (1st Dept., 1989). The Appellate Division affirmed the denial of the asbestos manufacturers' motions to dismiss Sea-Land's third-party contribution claims, holding that admiralty law rather than New York law governs; Sea-Land won and the third-party defendants lost, with one justice dissenting.
• Smith v. Bell Aerospace (3rd Dept., 1987). The Appellate Division reversed the Workers' Compensation Board's decision discharging the Special Funds Conservation Committee from liability on the death claim, and sent the matter back to the Board, with costs against the Special Fund.
• Matter of Smith v. Certain Teed Prods. Corp. (3rd Dept., 1981). The Appellate Division affirmed the Workers' Compensation Board's decision disallowing the widow's disability and death claims against Certain Teed Products Corp. as barred by section 40, so the claimant lost.
• Matter of Steinhardt v. Johns-Manville Corp. (4th Dept., 1980). The Appellate Division modified the order and dismissed the complaint, holding the negligence and strict products liability claims time barred, so the defendants (Johns-Manville and others) prevailed over the executrix.
• Weinberg v. Johns-Manville Prods. Corp. (1st Dept., 1979). The majority held that Owens-Corning Fiberglas was entitled to summary judgment, rejecting Special Term's denial of its motion as premature; Owens-Corning won and the plaintiff and Johns-Manville lost. One justice dissented and would have affirmed the denial.
• Matter of LA Gattuta v. Baldwin Ehret-Hill, Inc. (3rd Dept., 1971). The Appellate Division affirmed the Workmen's Compensation Board's award, leaving Consolidated Mutual Insurance Company, the carrier on the risk at the Rochdale site, liable for the death claim, and rejecting the appellants' challenge.

State trial courts

New York Supreme Court

• Biljetina v. Brenntag N. AM., Inc. (2025). The court granted L'Oreal USA's motion to dismiss the claims against it as time-barred, dismissing the complaint against L'Oreal only, and denied L'Oreal's motion for sanctions against the plaintiff.
• Rasso v. Avon Prods., Inc. (2025). The trial court denied defendant Shulton, Inc.'s motion for leave to renew its motion for summary judgment, so plaintiff Patricia Rasso, executor of Linda English's estate, kept the earlier denial of summary judgment.
• Caligiuri v. AO Smith Corp. (2024). The court denied defendant QCP, Inc. f/k/a Bakers Pride Oven Company's motion to preclude plaintiffs' causation experts Drs. Moline, Frank and Zhang, so plaintiffs prevailed on the motion.
• Caligiuri v. AO Smith Corp. (2024). The trial court denied defendant QCP, Inc. f/k/a Bakers Pride Oven Company's motion for summary judgment, so plaintiffs Mario and Susan Caligiuri's claims against it continue.
• Caligiuri v. AO Smith Corp. (2024). The trial court denied defendant Olympic Glove & Safety Co.'s motion for summary judgment, so plaintiffs Mario and Susan Caligiuri's claims against Olympic continue.
• McFarland v. Abb, Inc. (Erie, 2024). The court denied IMI Fabi, LLC's motion to dismiss for lack of personal jurisdiction, without prejudice to renewal, and ordered jurisdictional discovery to be completed by May 20, 2024, so the plaintiff estate won the right to discovery but did not yet establish jurisdiction.
• McLaughlin v. Air & Liquid Sys. Corp. (2024). The court denied plaintiffs' motion to reargue its earlier order, leaving in place summary judgment for defendant LILCO based on the 1993 settlement and general release.
• Moline v. Johnson & Johnson (2024). The court granted Dr. Moline's petition to quash the New Jersey subpoena, denied Johnson & Johnson's cross-motion to compel production and her deposition, denied their motion against Northwell Health, and consolidated the two proceedings for decision.
• Pawlowski v. Avon Prods., Inc. (2024). The trial court denied the Estee Lauder defendants' motion to dismiss on statute of limitations grounds, holding the plaintiffs' July 22, 2021 complaint timely.
• Pefanis v. AO Smith Water Prods. Co. (2024). The court denied defendant DAP, Inc.'s motion for summary judgment in its entirety, so the plaintiff executrix's claim against DAP continues.
• Pefanis v. AO Smith Water Prods. Co. (2024). The court denied the summary judgment motions of Donald Durham Company and Vanderbilt Minerals, LLC in full, so the estate's claims, including the punitive damages claim against Vanderbilt, go forward.
• Pira v. Air & Liquid Sys. Corp. (2024). The court denied defendant Steel Grip, Inc.'s motion for summary judgment in its entirety, so the estate's claims against Steel Grip continue.
• Savianeso v. Aerco Intl., Inc. (2024). The trial court granted defendant QCP (Bakers Pride)'s motion for summary judgment and dismissed the complaint against it, ruling against plaintiff June Savianeso; the action continued against the other defendants.
• Silviano v. AO Smith Water Prods. Co. (2024). The court granted the plaintiff's motion for a joint trial of the Last action with the Joyce action over the opposition of defendants Union Carbide, Mario & DiBono Plastering and Tishman Realty.
• Stiglitz v. AO Smith Water Prods. Co. (2024). The trial court denied general contractor Morse Diesel's motion for summary judgment in its entirety, so the plaintiff's claims against it go forward.
• Tippin v. 3M Co. (2024). The court granted American International Industries partial summary judgment dismissing plaintiff Corey Tippin's punitive damages claim against it and denied the rest of its motion, leaving causation for trial.
• Wagner v. Aerco Intl., Inc. (2024). The court denied defendant American Biltrite's motion for summary judgment, so plaintiff Michael Wagner's claims over his mesothelioma proceed to trial.
• Bassier v. AO Smith Water Prods. Co. (2023). The trial court denied defendant Burnham, LLC's motion for summary judgment, so plaintiff Bassier's claims against Burnham remain pending.
• Campise v. Arkema, Inc. (Erie, 2023). The trial court denied Whittaker, Clark & Daniels' summary judgment motion on product identification, asbestos content and causation, so the plaintiff executor's claims go forward, but it granted the motion on punitive damages.
• Cohen v. Air & Liquid Sys. Corp. (2023). The court granted plaintiff Daniel Cohen's motion for a joint trial of his case with the Valletti action, over the opposition of defendants Superior Lidgerwood Mundy Corporation and Blackmer Pump.
• Gold v. Avon Prods., Inc. (2023). The trial court denied defendant Revlon's motion for summary judgment in its entirety, so the claims by Victoria Kaye's estate against Revlon continue.
• Hollingsworth v. AO Smith Water Prods. Co. (2023). The court denied McWane, Inc.'s (Clow Valve Company's) motion for summary judgment in its entirety, so plaintiff's claim against Clow went forward.
• Horvath v. AW Chesterton Co. (2023). The trial court denied defendant Ameron International Corporation's motion for summary judgment, so plaintiff Susan Horvath's claims over Rudolf Horvath's exposure to Bondstrand pipes go forward.
• McLaughlin v. Air & Liquid Sys. Corp. (2023). The court granted Long Island Lighting Company's motion for summary judgment and dismissed the McLaughlins' complaint and all cross-claims against it, because their 1993 settlement and general release barred the claims; the action continued against the other defendants.
• McWilliams v. AO Smith Water Prods. Co. (2023). The court denied Jenkins Bros.' motion for judgment notwithstanding the verdict, a new trial or remittitur of the $35,000,000 verdict for plaintiff McWilliams, and granted plaintiff's cross-motion, sanctioning Jenkins' counsel Clyde & Co. US LLP $10,000.
• Munna v. American Honda Motor Co., Inc. (2023). The court granted plaintiff Joseph Munna's motion for a joint trial with Lamonica v AO Smith Water Products Co., over the opposition of several defendants, and set trial for October 10, 2023.
• Munoz v. AO Smith Water Prods. CO (2023). The court denied defendant DAP, Inc.'s motion for summary judgment in its entirety, so plaintiff Maria Munoz's claims against DAP continue.
• Papsodero v. Air & Liquid Sys. Corp. (2023). The court granted plaintiff Papsodero's motion for a joint trial with the McCormick estate's asbestos action over opposition from defendants Burnham, Jenkins and Velan Steam Trap.
• Petro v. Aerco Intl., Inc. (2023). The court denied the motions by Tishman, Mario & Dibono and Port Authority to set aside the jury verdict for plaintiff James Petro, to enter judgment for them, to order a new trial, or to reduce the damages.
• Rasso v. Avon Prods., Inc. (2023). The court denied defendant Colgate-Palmolive's motion for summary judgment in its entirety, so the plaintiff's claim against Colgate continues.
• Rodney v. Akebono Brake Corp. (2023). The court denied defendant Mercedes-Benz USA's motion for an out-of-state subpoena for part of plaintiff Almando Rodney's tissue block and for destructive digestion testing by its expert, so plaintiff prevailed.
• Rullo v. Abb, Inc. (2023). The court granted plaintiff Giuseppe Rullo's motion for a joint trial with Scandaliato v ABB, Inc., over the opposition of Triangle PWC, Kennedy Electrical Supply and the other defendants.
• Sason v. Dykes Lbr. Co. (2023). The court denied defendant Dykes Lumber Company's motion for summary judgment on causation, so plaintiff's claim against it continues.
• Seen v. Kaiser Gypsum Co., Inc. (2023). The trial court denied Kaiser Gypsum's motion for judgment notwithstanding the verdict, a new trial, or a reduced award, leaving the plaintiff's $15,000,000 verdict in place.
• Servedio v. AO Smith Water Prods. Co. (2023). The trial court granted the plaintiffs' motion for joint trials, joining fifteen New York asbestos actions into six groups of two or three cases each, over the defendants' opposition.
• Sides v. Advance Auto Parts Inc. (2023). The court granted Mercedes-Benz USA, LLC's motion for summary judgment and dismissed the claims against it, because plaintiff's evidence did not identify any Mercedes-Benz product; the case continued against the other defendants.
• Utica Mut. Ins. Co. v. Abeille Gen. Ins. Co. (Oneida, 2023). The court denied the reinsurers' (ECRA) motion for summary judgment and granted Utica Mutual's cross-motion on liability under the 1977-1982 facultative certificates, leaving the amount due for an inquest.
• Winter v. AO Smith Water Prods. Co. (2023). The court granted plaintiff Lisa Winter's motion for a joint trial of this action with Morie v Air & Liquid Systems and Toscani v AO Smith Water Products Co., over the objections of defendants Jenkins Bros., Burnham LLC, Milton Roy LLC and ECR International.
• Aylward v. Air & Liquid Sys. Corp. (2022). The court granted the plaintiffs' motion for a joint trial of the Aylward and Serrano asbestos cases against remaining defendant Cleaver-Brooks, over defendants' opposition.
• Barbarino v. BASF Catalysts LLC (2022). The trial court denied Honeywell's motion for summary judgment, ruling that Honeywell had not met its initial burden, so the plaintiff, Joan Barbarino, prevailed on the motion.
• Cioni v. Avon Prods., Inc. (2022). The court denied Colgate-Palmolive's summary judgment motion on causation but granted it on punitive damages, dismissing the punitive damages claim against Colgate only.