Tishman liquidating corp


25-Jan-2015 00:03

Earlier today, the New York State Court of Appeals upheld the million verdict for Ruby Konstantin.

Konstantin’s late husband, David, worked on two Manhattan construction projects from 1973 to 1977 that had the now-defunct Tishman Realty as general contractor.

The disease was discovered in 2010 and it eventually spread to his lungs.

In 2012, he sued Tishman Liquidating Corporation for negligence and workplace liability, claiming that the company’s predecessor did not protect workers from asbestos dust.

In 2010, Konstantin was diagnosed with mesothelioma, and he subsequently endured several surgeries, radiation, and chemotherapy until his death in 2012. The 10 plaintiffs, all of whom were represented by the same firm, subsequently requested a joint trial pursuant to CPLR 602(a). Supreme Court ordered that seven of the 10 cases, in which the plaintiffs had developed mesothelioma, would be tried together, and the remaining three cases, in which the plaintiffs had developed lung cancer, would be tried together.

Before his death, Konstantin and plaintiff commenced the present action against TLC, among others. Thus, the court's order required the cases of Konstantin and Dummitt, who had both developed mesothelioma, to be tried with five others. The Appellate Division considered the Dummitt and Konstantin appeals together (121 AD3d 230 [1st Dept 2014] ).

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Business Council of New York State et al.; John Crane Inc., amici curiae.

Konstantin's case was assigned along with nine other cases, including Matter of New York City Asbestos Litigation (Dummitt v. Before trial, however, the other five cases settled, leaving only Konstantin and Dummitt to be tried together. TLC contended, among other things, that Supreme Court abused its discretion in holding a joint trial.