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NY Supreme Court Summary Judgment

Rivkin Radler LLP

June 2025 New York Insurance Coverage Law Update

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A worker was injured when he fell from a ladder while working for a subcontractor at a construction project. The injured worker sued the owner of the project, seeking damages for his injuries. The owner was defended by its...more

Falcon Rappaport & Berkman LLP

Foreclosure Process Clarification: No Pre-Foreclosure Notice Required to be Served on Appointed Estate Fiduciary for Deceased...

In a significant legal victory for lenders, the Supreme Court of New York recently ruled in favor of our lender client in a residential foreclosure action against the estate of its borrower. This decision confirms that...more

Goldberg Segalla

Court Reverses Denial of J&J’s Motion for Summary Judgment on Causation Grounds

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Court: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, Appellate Division, First Department earlier this week unanimously granted defendants Johnson & Johnson and LTL...more

Goldberg Segalla

New York Court Grants Valve Manufacturer’s Motion for Summary Judgment Based on Lack of Personal Jurisdiction

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Court:  Supreme Court of New York State, Erie County - Plaintiff Ronald McInnis worked as a career union pipefitter from the 1970s-2010s. A native of Chatham, New Brunswick, plaintiff spent the vast majority of his career...more

Goldberg Segalla

Motion for Summary Judgment Denied as Defendant Failed to Prove Lack of Causation

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Jurisdiction: Supreme Court of New York, New York County - Plaintiff John P. Reeves alleges asbestos exposure from, among other things, the asbestos-containing caulk of defendant DAP Inc. while serving in the U.S. Navy aboard...more

Goldberg Segalla

Talc Defendant Unsuccessful on Summary Judgment

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Jurisdiction:  Supreme Court of New York, New York County - Plaintiff Lita Goldstein was diagnosed in March 2022 with mesothelioma. She initiated a suit against several defendants in May 2022, including Kolmar Laboratories...more

Goldberg Segalla

Plaintiff Opposes and Succeeds on Defendant’s Motion for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Kennedy Electrical Supply Corp. moved for summary judgment seeking to dismiss this action on the grounds that plaintiff was not exposed to asbestos from any...more

Goldberg Segalla

Valve Manufacturer Fails to Meet Burden for Summary Judgment

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Jurisdiction: Supreme Court of New York, New York County - Defendant Atwood & Morrill Co. Inc. moved for summary judgment to dismiss this action on the grounds that plaintiff Giuseppe Rullo was not exposed...more

Cadwalader, Wickersham & Taft LLP

There’s No Going Back: The Finality of Mortgage Foreclosures

In New York, it is settled precedent that a judgment of foreclosure and sale is final as to all questions at issue between the parties. Thus, once a final judgment is entered, both parties have no recourse or ability to raise...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment Based on Workers’ Compensation Defense Denied

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Jurisdiction: Supreme Court of New York, New York County - Defendant Morse Diesel Inc. filed a motion for summary judgment on the basis that plaintiff Matthew D’Alessio’s claims were barred by New York State Worker’s...more

Goldberg Segalla

Glove Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Giacinto Pira alleged he was exposed to asbestos from gloves manufactured by defendant Steel Grip....more

Goldberg Segalla

General Contractor's Motion for Summary Judgment Denied in NYCAL

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Supreme Court of New York, New York County (NYCAL) - In this asbestos action, defendant Arconic, Inc. f/k/a Alcoa, Inc., (Alcoa) moved for summary judgment on the basis that asbestos-containing fireproofing material was...more

Goldberg Segalla

Boiler Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Anthony Morale alleged he was exposed to asbestos from boilers manufactured by defendant Fulton Boiler Works. Fulton moved for summary...more

Goldberg Segalla

Tile Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, plaintiff Peter Marino alleged he was exposed to asbestos from floor tiles manufactured by defendant, The Goodyear Tire & Rubber Company. Goodyear...more

Goldberg Segalla

Corporate Representative Affidavit Found Insufficient in Connection with NYCAL Summary Judgment Motion

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Willie Hollingsworth alleged he was exposed to asbestos from valves manufactured by Clow. Defendant McWane Inc., on behalf of its...more

Goldberg Segalla

Caulk and Plaster Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, decedent Jose Munoz alleged that he was exposed to asbestos from caulk and plaster manufactured by defendant DAP....more

Goldberg Segalla

Gasket Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Goodyear moved for summary judgment, arguing that asbestos exposure from its sheet gaskets could not have caused plaintiff Robert...more

Goldberg Segalla

Valve Manufacturer Denied Summary Judgment in NYCAL

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Crosby moved for summary judgment on duty to warn and causation grounds. Plaintiff Joseph Deroy opposed the motion....more

Goldberg Segalla

NYCAL Judge Finds Jurisdiction Over Automotive Defendant and Denies Summary Judgment

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Court: Supreme Court of New York, New York County - In this asbestos action, defendant Western Auto moved to dismiss for lack of personal jurisdiction and for summary judgment. Plaintiff Winfield Frederick opposed both...more

Goldberg Segalla

Flooring Defendant Denied Renewal of Two Previous Summary Judgment Decisions

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Supreme Court of New York, New York County - In two asbestos actions (Avakian and Layton), defendant Mannington Mills moved to renew its summary judgment motion. Mannington contends that there was a subsequent change in the...more

Goldberg Segalla

Defendant’s Motions for Summary Judgment Denied

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Supreme Court of New York, New York County - In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Reversed Trial Court’s Denial of Defendant’s Motion for Summary Judgment on Issue of...

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Ohl v. Smith 186 N.Y.S. 3d 721, (N.Y. App. Div. 3d Dept. 2023) - The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant. The defendant claimed he had the right-of-way, and thus...more

Goulston & Storrs PC

The Importance of Having All Your Docs in a Row On a Commercial Foreclosure Summary Judgment Motion

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Like many of you, we are seeing a significant increase in commercial real estate (“CRE”) loan workouts. The magnitude of the swell in distressed CRE loans remains unclear, although one thing is certain: appreciating the...more

Goldberg Segalla

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

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Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Goldberg Segalla

Brake Manufacturer’s Proof Insufficient to Meet Summary Judgment Burden

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Supreme Court of New York, New York County, July 28, 2022 - In this asbestos action, decedent Roy Barbarino alleged exposure to asbestos from brake lining as a bus maintainer for the New York City Transit Authority...more

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