A state judge in Manhattan denied a motion on Tuesday by attorneys from the asbestos defense bar to block implementation of a new case management order for the New York City Asbestos Litigation docket set to take effect on Thursday.

“Who am I to decide if Justice Moulton's decision should be stayed?” said Acting Manhattan Supreme Court Justice Gerald Lebovits. He was referring to Manhattan Supreme Court Justice Peter Moulton, whose new case management order—released last month after more than a year of negotiations with members of the defense and plaintiffs bars—would allow plaintiffs to seek punitive damages.

Courtesy photo

“Really it's up to the Appellate Division,” Lebovits said. “Who am I to affect litigation that's been going on nationally for years?”