Summary Judgment Re-entered After Remand from the NY Appellate Division in Rickick v Borden

In 2009, the NY Appellate Division reversed a grant of summary judgment, and remanded these two cases, after holding that there was the potential for confusion between the health hazards of amorphous and crystalline silica. After remand, the parties conducted additional discovery, which showed beyond cavil that there was never any basis for suggesting or arguing that the employer was confused between amorphous and crystalline silica health hazards. Upon receiving an updated and expanded summary judgment record, with further evidence of the employer's sophistication, the trial court granted summary judgment again on the basis of the sophisticated intermediary defense under New York law. The slip opinion is attached.

N. A. Schachtman