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New York Civil Litigation Review

Category Archives: Toxic Torts

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New York County Judge Rules Against the Joint Trial of Asbestos Cases

Posted in CPLR, Toxic Torts

Within a recent decision, Judge George Silver of Supreme Court, New York County, held that since not all asbestos plaintiffs are created equal, the joint trial of several, bundled asbestos lawsuits is not axiomatic — as the plaintiffs’ bar would have it — but rather needs to be established in each individual case. In doing so,… Continue Reading

First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment:

Posted in Toxic Torts

In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims, granting summary judgment to the Board of Education of the City of New York (Board of Ed.), because Plaintiffs’ expert failed to quantify Plaintiffs’ exposure… Continue Reading