Brown, Bell & Gossett, Asbestos & Mesothelioma

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The Brown, Bell & Gossett, Asbestos & Mesothelioma case documents what many Navy veterans, oil refinery workers, auto mechanic, mechanics, construction workers, tile setters and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma.

The court ruled: ORDERED, that plaintiff’s motion for leave to renew is denied; and it is further ORDERED, that plaintiff’s motion for leave to reargue is denied.

A brief summary of the facts include:

  • By notice of motion, plaintiff administratrix moves for an order granting leave to reargue and/or renew her opposition to defendant Consolidated Edison Company of New York, Inc.’s post-trial motion for an order setting aside the jury verdict rendered against it, and upon renewal and reargument, vacating the decision and order dated August 29, 2014, and denying Con Edison’s motion.
  • Squarely on point here is Matter of New York City Asbestos Litig. (Tortorella). There, the plaintiffs alleged that Con Edison was liable for Tortorella’s mesothelioma pursuant to Labor Law § 200 based on Tortorella’s exposure to visible asbestos dust at Con Edison’s Astoria powerhouse, which emanated from leaks in the building’s ducts and coverings.
  • In opposition to Con Edison’s motion for summary judgment dismissing the claim against it, the plaintiffs argued that Con Edison could be held liable for failing to maintain a safe work area, observing that asbestos dust permeated the air when Tortorella was there, that only Con Edison could have taken precautions to ens

To find out more on the case, see Case Nos. 2015 NY Slip Op 30336(U) – March 12, 2015.


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