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United States District Court for the Southern District of New York
July 23, 1993, Decided ; July 23, 1993, Filed
88 Civ. 3317 (RWS)
[*1023] Sweet, D. J.
Following a jury verdict rendered on February 10, 1993, in favor of the plaintiff Arlene Maiorana (the "Plaintiff"), certain defendants and third-party defendants (collectively, the "Defendants") in this action have filed post-trial [**2] motions. The Plaintiff alleged and the jury found that the asbestos-containing products of certain of the Defendants were the proximate cause of the death of her husband, John Maiorana ("Maiorana").
After the verdict, Defendant and second third-party plaintiff United States Mineral Product Company ("USMP"), the sole remaining direct Defendant left in the trial, moved on March 10, 1993, pursuant to Rule 50(b), Fed. R. Civ. P., for judgment notwithstanding the verdict or, more properly, for judgment as a matter of law. 1 USMP also moved for a new trial or, in the alternative, for remittitur pursuant to Rule 59, Fed. R. Civ. P., on the grounds that damages are excessive and that the Court failed to instruct the jury adequately pursuant to New York Labor Law § 200. Third-party Defendants Mario & DiBono Plastering Co. ("Mario & DiBono"), Castagna & Son, Inc. ("Castagna"), and Tishman Realty & Construction Co. of New York, Inc. ("Tishman"), have sought similar relief. Castagna moved for a stay of execution of judgment as well. Both Castagna and Tishman also have moved for judgment on their cross-claims for common law indemnity against Mario & DiBono, the Defendant who impleaded them. [**3] 2 Finally, third-party Defendant the Port Authority of New York and New Jersey (the "Port Authority"), which was found not liable by the jury, has opposed the motion of USMP for a new trial pursuant to § 200, N.Y. Lab. L.
For the following reasons, the motions for judgment as a matter of law are granted. In the event that this decision is appealed [**4] and overturned upon appeal, all motions filed by the parties are granted in part and denied in part.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
827 F. Supp. 1014 *; 1993 U.S. Dist. LEXIS 10618 **; CCH Prod. Liab. Rep. P13,566
IN RE: JOINT EASTERN AND SOUTHERN DISTRICT ASBESTOS LITIGATION; MRS. ARLENE M. MAIORANA, Individually and as Administratrix of the Estate of John Maiorana, Plaintiff, v. NATIONAL GYPSUM COMPANY; AC&S, INC., ARMSTRONG WORLD INDUSTRIES, INC., f/k/a Armstrong Cork Company; THE CELOTEX COMPANY, individually and as successor-in-interest to Philip Carey Corporation, Briggs Manufacturing Co., Smith and Kanzler Corporation and Panacon Corporation; EAGLE PICHER INDUSTRIES, INC.; GAF CORPORATION; NICOLET INC., individually and successor-in-interest to Keasbey-Mattison Company; RAYMARK INDUSTRIES, INC.; individually and as successor-in-interest to Raybestos-Manhattan, Inc.; OWENS-CORNING FIBERGLAS CORP.; U.S. MINERAL PRODUCTS COMPANY; H.K. PORTER COMPANY, INC., individually and successor to Southern Textile Corporation and Southern Asbestos Company; THE FLINTKOTE COMPANY; CAREY CANADA, INC.; FIBREBOARD CORPORATION; ROCK WOOL MANUFACTURING CO., INC.; OWENS-ILLINOIS, INC.; TURNER & NEWALL, PLC., individually and as successor to Keasbey-Mattison Corporation; UNITED STATES GYPSUM COMPANY; DANA CORPORATION, individually and as successor to Smith & Kanzler Company and Victor Gasket Company; CERTAINTEED CORPORATION; TAF INTERNATIONAL LTD., formerly Turner Asbestos Fibers, Ltd.; PITTSBURGH CORNING CORPORATION, individually and as successor to Unarco Industries, Defendants. OWENS-CORNING FIBERGLAS CORPORATION, Third-Party Plaintiff, v. MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND; KEENE CORPORATION, individually and as successor-in-interest to the Baldwin-Ehret-Hill Company, Keene Building Products Company and Ehret Magnesia Manufacturing Company; H&A CONSTRUCTION COMPANY, individually and as successor to Spraycraft Corporation; GARLOCK, INC.; EMPIRE-ACE INSULATION MANUFACTURING CORPORATION, individually and as successor to Empire Asbestos Company; COMBUSTION ENGINEERING, INC., W. R. GRACE and COMPANY; BABCOCK & WILCOX COMPANY; BELL/ATLAS ASBESTOS CORP.; PORT AUTHORITY OF NEW YORK AND NEW JERSEY; NASSAU COUNTY MEDICAL CENTER, a/d/a MEADOWBROOK HOSPITAL; DNS METAL INDUSTRIES, INC., individually and as successor-in-interest to Alpine Sheetmetal; and TRIANGLE SHEET METAL, Third-Party Defendants. v. MANVILLE CORPORATION ASBESTOS DISEASE COMPENSATION FUND; KEENE CORPORATION, individually and as successor-in-interest to the Baldwin-Ehret-Hill Company, Keene Building Products Company and Ehret Magnesia Manufacturing Company; H&A CONSTRUCTION COMPANY, individually and as successor to Spraycraft Corporation; GARLOCK, INC.; EMPIRE-ACE INSULATION MANUFACTURING CORPORATION, individually and as successor to Empire Asbestos Company; COMBUSTION ENGINEERING, INC., W.R. GRACE and COMPANY; BABCOCK & WILCOX COMPANY; BELL/ATLAS ASBESTOS CORP.; PORT AUTHORITY OF NEW YORK AND NEW JERSEY; NASSAU COUNTY MEDICAL CENTER, a/d/a MEADOWBROOK HOSPITAL; DNS METAL INDUSTRIES, INC., individually and as successor-in-interest to Alpine Sheetmetal; and TRIANGLE SHEET METAL, Third-Party Defendants. UNITED STATES MINERAL PRODUCTS COMPANY, Second Third-Party Plaintiff, v. TRIANGLE SHEET METAL WORKS, INC.; NEW YORK TELEPHONE COMPANY; DNS METAL INDUSTRIES, INC.; individually and as successor to Alpine Sheetmetal & Ventilating Company, Inc.; SHEET METAL WORKERS INTERNATIONAL UNION, Local 28; TISHMAN REALTY & CONSTRUCTION CO., INC.; CASTAGNA & SON, INC., HRH CONSTRUCTION CO., MARIO & DIBONO PLASTERING CO., INC.; PORT AUTHORITY OF NEW YORK and NEW JERSEY; NASSAU COUNTY MEDICAL CENTER, f/k/a MEADOWBROOK HOSPITAL, Second Third-Party Defendants.
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