Court of Appeals of New York

In a personal injury action based on the presence of asbestos in defendant's boiler, summary judgment for plaintiff is affirmed where defendant, the buyer of a boiler business, assumed the seller's liabilities for tort claims based on boilers sold before the business was acquired, where the tort claimants were not injured until after the acquisition. However, the appellate division's injunction prohibiting defendant from relitigating this issue is vacated where parties were allowed to take any position they liked in litigation, as long as they could make a good faith argument for it, and the court saw no reason to make an exception to that rule.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

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Court

• Court of Appeals of New York

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