Taylor v. A.C.S., Inc

In Taylor v. A.C.S., Inc., 306 A.D.2d 202 (1st Dept. June 2003), where the plaintiff claimed that he began working at his first job one year prior to the year of employment provided by his social security records, and that he began working at another job seven years prior to what his social security records provide, the court held that "The motion court erred in granting summary judgment dismissing the complaint against AO defendant manufacturer since the direct evidence identifying AO's asbestos products was sufficient to create a triable issue of fact, notwithstanding the inconsistencies in decedent's testimony." Id. The court in that case also held for the nonmoving party, because even though AO stopped manufacturing asbestos products prior to the plaintiff's employment as indicated by plaintiff's social security records, "AO failed to proffer any evidence in rebuttal that its asbestos products were not being used residually in the marketplace by various companies in the 1980s and 1990s, after it ceased manufacturing and selling such products." Id. at 202-03. The Court held for the nonmoving party, because even though AO stopped manufacturing asbestos products prior to the plaintiff's employment as indicated by plaintiff's social security records, "AO failed to proffer any evidence in rebuttal that its asbestos products were not being used residually in the marketplace by various companies in the 1980s and 1990s, after it ceased manufacturing and selling such products." (Id. at 202-03.)