IN RE NEW YORK CITY ASBESTOS LITIGATION WILLIAM BERENSMANN plfres, v. 3M COMPANY FORMERLY KNOWN AS MINNESOTA MINING & MANUFACTURING CO. def, GEORGIA-PACIFIC LLC, ETC., def-ap

13566. IN RE NEW YORK CITY ASBESTOS LITIGATION WILLIAM BERENSMANN plfres, v. 3M COMPANY FORMERLY KNOWN AS MINNESOTA MINING & MANUFACTURING CO. def, GEORGIA-PACIFIC LLC, ETC., def-ap — Lynch Daskal Emery LLP, New York (Scott R. Emery of counsel), for ap — Levy Konigsberg LLP, New York (James M. Kramer of counsel), for res — Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered on or about December 13, 2013, which denied defendant’s motion for summary judgment dismissing the complaint and all cross claims as against it, unanimously modified, on the law, to grant the motion to the extent of dismissing plaintiffs’ claims related to defendant Georgia-Pacific LLCs (defendant) wallboard products allegedly containing asbestos, and otherwise affirmed, without costs.

The complaint alleges that plaintiff William Berensmann was exposed to asbestos-containing sheetrock and joint compound manufactured by, among other companies, defendant. As an initial matter, it is undisputed that defendant never manufactured wallboards containing asbestos, and thus, the claims relating to defendant’s wallboards are dismissed.