First Department of New York courts;
Asbestos cases

This page contains information from the New York State Lab Reporting Bureau regarding asbestos lawsuits in the courts. Exposure to asbestos is known to cause serious diseases such as mesothelioma, asbestos-related lung cancer and asbestosis.

Although it has not specifically ruled in a friction case, the First Department in New York has stated it is not novel science for a party to introduce expert testimony in courts showing that a plaintiff who was exposed to visible dust containing asbestos fibers contracted mesothelioma as a result of that exposure. (Lustenring v AC&S, Inc., 13 AD3d 69 [1st Dept 2004].) More recently, in 2005, the First Department held in Matter of New York City Asbestos Litig. (24 AD3d 375, 375 [1st Dept 2005]) that a defendant's "claim that a Frye hearing should have been held is without merit. The link between asbestos and disease is well documented, and the parties merely differed as to whether the asbestos contained in this particular product could be released in respirable form so as to cause disease. Since the parties argued over causation, no novel scientific technique or application of science was at issue, and a Frye hearing was not warranted."

Click To Talk To Us Online

Mechanics & Cancer

Brake Mechanics at Risk for Asbestos Related Cancers. Free Case Review
High Risk Jobs for Lung Cancer from Asbestos Include Brake Mechanics

Asbestos Dental Tape

Mesothelioma Diagnosis Lawsuit: Dental Tape Contained Deadly Asbestos
Fight for justice after a mesothelioma diagnosis. Free Lawsuit Review.

Court opinion

Court opinion in brake mechanics' mesothelioma case
Court opinion in mesothelioma case of brake mechanics

Name

Phone

strictly confidential

Your Question

First Name:
Last Name: *
Home Phone: *
Work Phone:
Best time to call:
City and State:
Email:
When were you exposed to Asbestos?
If you've been diagnosed with an asbestos injury, please list your disease(s):
Date of diagnosis:
Additional comments:

First Department of New York courts;Asbestos cases

First Department of New York courts;
Asbestos cases