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Before the recent decisions in Nemeth Parker and Juni, defendants often lost these motions simply relying on the testimony of an expert the plaintiffs to prove specific causality.<br><br>These recent rulings give New York asbestos defense attorneys a glimmer hope. In three separate cases the Appellate Division of the First Department denied summary judgments and dismissed them against tile producers who did not provide counter-expert testimony quantifying levels of friable fibers present in their products.<br><br>The cases were considered in NYCAL where Justice Sherry Klein Heitler presided. Heitler has been in charge of the NYCAL docket ever since she replaced the former Assembly Speaker Sheldon Silver in 2008 after the former speaker was found guilty of federal corruption charges. Sheldon Silver had accepted referral fees from Weitz &amp; Luxenberg for directing asbestos lawsuits towards her firm. 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