1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 190 A.D.3d
  5. 190 A.D.3d 406 (2021)
 

MATTER OF NEW YORK CITY ASBESTOS LITIGATION

190241/15. Appeal No. 12778. Case No. 2020-00385.

190 A.D.3d 406 (2021)

135 N.Y.S.3d 632

2021 NY Slip Op 00003

In the Matter of New York City Asbestos Litigation. Karen Barber, as Executrix of the Estate of James R. Montell, Deceased, Respondent, v. A.O. Smith Water Products Co. et al., Defendants, and Kohler Co., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2021.

Attorney(s) appearing for the Case

Goldberg Segalla, LLP, White Plains ( William T. O'Connell of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondent.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

The motion court correctly concluded that the seventeenth affirmative defense pled in Kohler's answer, which states, "Where applicable, Kohler preserves its right to object to personal jurisdiction of [p]laintiff over Kohler," was insufficient to assert a personal jurisdiction defense "with specificity," thereby waiving it (Interlink Metals & Chems. v Kazdan, 222 A.D.2d 55, 58 [1st Dept 1996]).

In view of the foregoing...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases