Asbestos Plaintiffs’ Labor Law Claims Against Long Island Power Authority Survive Motion to Dismiss

NEW YORK –– A New York trial court has refused to dismiss Labor Law asbestos claims against Long Island Power Authority in light of testimony that the owner dictated what type of insulation to use on its premises.

In the Sept. 30 decision, the New York Supreme Court for New York County found that the decedent’s own testimony that the “owner or general contractor” told him what type of insulation to use during the course of his employment.

National Grid Generation, f/k/a Long Island Power Authority, moved to dismiss the claims, contending that the plaintiffs had failed to present evidence …