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DEFENDANT MANUFACTURED VALVES CONTAINING ASBESTOS; ALTHOUGH DEFENDANT HAD A SMALL OFFICE IN NYC THE VALVES WERE MANUFACTURED AND SOLD IN CONNECTICUT, WHERE PLAINTIFF LIVED AND WORKED; THE RELATIONSHIP BETWEEN NEW YORK AND PLAINTIFF’S CLAIMS WAS NOT SUFFICIENT FOR NEW YORK JURISDICTION (FIRST DEPT). ​

The First Department, reversing Supreme Court, determined New York did not have jurisdiction over plaintiff’s asbestos exposure action. Although the defendant manufacturer of valves containing asbestos had a small office in New York, defendant demonstrated that all the activity which related to the manufacture, sale and use of the valves took place in Connecticut. Plaintiff lived and worked exclusively in Connecticut as well:

… [T]here was no record evidence suggesting that defendant’s minimal activity in New York had an articulable nexus to plaintiff’s injury. … … [In addition] plaintiff did not offer a sufficient basis to justify jurisdictional discovery … . To the extent that defendant operated an executive and sales office out of the 100 Park Avenue office, this limited activity was not substantially related to plaintiff’s alleged exposure to asbestos while working with and around defendant’s valves in Connecticut and plaintiff does not identify any other activity by defendant in New York that could provide a sufficient nexus to his injury. Instead, all conduct giving rise to plaintiff’s claims occurred in Connecticut, as he was not a New York resident, did not purchase or work with defendant’s valves in New York, and does not claim to have suffered harm in this State … . Without an adequate relationship between New York and plaintiff’s claims, “specific jurisdiction is lacking regardless of the extent of a defendant’s unconnected activities in the State” … . Matter of New York Asbestos Litig., 2023 NY Slip Op 00402, First Dept 1-31-23

Practice Point: Plaintiff alleged exposure to asbestos in valves made by defendant caused his cancer. The valves were manufactured and sold in Connecticut where plaintiff lived and worked. Defendant’s small office in New York was not sufficiently connected with plaintiff’s claims to support New York jurisdiction.

 

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