New rules for the New York City asbestos litigation court, including one opening the door for plaintiffs to seek punitive damages, have survived a challenge in state appellate court.

A panel of the Appellate Division, First Department found that Justice Peter Moulton, who served as coordinating justice for the asbestos court until last June when he was elevated to the First Department, had the authority to issue the new case management order without the defense bar’s consent.

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