Proctor v. Alcoa, Inc. et al., No. 190040/13 (N.Y. App. Div. February 5, 2015). Lite DePalma Greenberg Afanador thwarted a defendant’s appeal in the case of a sheet metal worker who developed terminal cancer from toxic exposures during the original construction of the World Trade Center. After the trial court denied defendant Andal Corp.’s motion for summary judgment challenging the plaintiff’s exposure testimony as well as its own liability under a corporate successorship theory, Andal appealed. After hearing briefing and argument from Kyle A. Shamberg, the New York Appellate Division affirmed the lower court’s ruling in all respects.
