In re NY City Asbestos Litigation

Case Updates

In this case, NCLC urged the appellate court to affirm the lower decision in this case. In its brief, NCLC reminded the court of the asbestos litigation crisis that serves as the background to this summary judgment appeal. The plaintiff, after having sworn during deposition that he had never used the defendant’s products (and therefore could not have been harmed by them) and after consequently being served with a motion for summary judgment by the defendant, filed an affidavit contradicting his statements. NCLC argued that the court should not veer from its traditional practice of ignoring self-serving affidavits contradicting sworn testimony by plaintiffs.