Feinberg v. Colgate-Palmolive Co.

OPINION OF THE COURT

Peter H. Moulton, J.

In this asbestos personal injury action, plaintiff claims that his decedent contracted mesothelioma because of exposure to talc manufactured by defendant Colgate-Palmolive Company.

Colgate moves for summary judgment dismissing plaintiffs’ complaint and any cross claims against it. Defendant asserts that the motion should be granted because (1) plaintiffs’ action is untimely under CPLR 214-c (2); (2) plaintiffs failed to exclude other potential causes of deceased plaintiff Arlene Feinberg’s mesothelioma; (3) plaintiffs failed to prove that Cashmere…