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New York Mesothelioma Lawyers Defeat LIRR’s Motion for Summary Judgment
Date:5/22/2013

NEW YORK, New York (PRWEB) May 22, 2013

On Friday, May 17, 2013, Justice Sherry Klein Heitler, the presiding judge for the New York City Asbestos Litigation, denied a motion for Summary Judgment brought by the Long Island Railroad (“LIRR”) against personal injury claims* brought by a Queens, NY, resident, who, according to court documents, was diagnosed with mesothelioma, an aggressive cancer caused by asbestos exposure.

According to court documents, the injured party, Morton Frieder, was diagnosed with mesothelioma despite having never worked hands-on with asbestos-containing materials. However, as per the court documents, Mr. Frieder spent seven years working in a diner located within the gated premises of the LIRR’s Morris Park train repair yard, where asbestos-containing materials were used “routinely” by the LIRR. Lori Benavides, one of the plaintiffs’ New York mesothelioma lawyers from the NYC-headquartered national asbestos law firm Levy Phillips & Konigsberg LLP (“LPK”), briefed and argued Plaintiffs’ opposition to LIRR’s motion. “The decision** is an important victory for people like Mr. Frieder and many others who did not work directly with asbestos products and yet were diagnosed with mesothelioma, which is an asbestos-caused cancer,” commented Ms. Benavides.

As per the court motion documents, the LIRR argued that, (1) the LIRR did not employ Mr. Frieder nor own the trailer out of which the diner operated, and thus it owed no duty of care to Mr. Frieder to warn about the dangers associated with its use of asbestos at the ya
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