N.Y. Court: Nemeth Requires Summary Judgment In Asbestos Floor Tile Case

(July 21, 2022, 2:03 PM EDT) -- NEW YORK — Competing simulation studies involving the release of asbestos from floor tiles cannot help plaintiffs avoid summary judgment under recent New York precedent because the defendant’s simulation purports to show safe levels of exposure, while the plaintiff’s expert merely broadly stated that there is no safe exposure level and that the presence of visible dust demonstrated excessive exposure, a New York appeals court held in a trio of opinions issued July 19....