Koulermos v. A.O. Smith Water Products
Cases that cite this one
42 later published cases cite this decision. The 25 that cite it most often are listed here.
- D'Alessio v. A.O. Smith Water Prods. Co (New York Supreme Court, New York County 2024)
- Gonder v. A.O. Smith Water Prods. Co. (New York Supreme Court, New York County 2024)
- Marin v. Northwell Health, Inc. (New York Supreme Court, New York County 2025)
- Scharf v. Tolley (New York Supreme Court, New York County 2025)
- Orange Orch. Props., LLC v. Gentry Unlimited, Inc. (New York Supreme Court, New York County 2025)
- Bivona v. Gupta (New York Supreme Court, New York County 2025)
- Marino v. New York & Presbyt. Hosp. (New York Supreme Court, New York County 2025)
- City of N.Y. ex rel. Lerman v. E-J Elec. Installation Co. (New York Supreme Court, New York County 2025)
- Oquendo v. Approved Oil Co. of Brooklyn, Inc. (New York Supreme Court, New York County 2025)
- Mori v. Riomar Corp. (New York Supreme Court, New York County 2025)
- Pekerman v. Chessin (New York Supreme Court, New York County 2025)
- Hutton v. Aesthetic Surgery, P.C. (New York Supreme Court, New York County 2024)
- Owens v. Mwando (New York Supreme Court, New York County 2024)
- Valladares v. Henry V. Murray Senior, LLC (New York Supreme Court, New York County 2024)
- Snyder v. Goldstein (New York Supreme Court, New York County 2024)
- Ranker v. VillageCare (New York Supreme Court, New York County 2024)
- Williams v. Northwell Health Inc (New York Supreme Court, New York County 2024)
- R. C. v. Jaffe (New York Supreme Court, New York County 2024)
- Williams v. Northwell Health Inc. (New York Supreme Court, New York County 2024)
- R.C. v. Jaffe (New York Supreme Court, New York County 2024)
- Silverstein v. Coolsculpting-Zeltio Aesthetics, Inc. (New York Supreme Court, New York County 2024)
- Silverstein v. Coolsculpting-Zeltiq Aesthetics, Inc. (New York Supreme Court, New York County 2024)
- Matter of 320 W. 87, LLC v. 320 W. 87th St., Inc. (New York Supreme Court, New York County 2024)
- Trager v. Bryant Park Endodontics (New York Supreme Court, New York County 2024)
- Hoepelman v. New York & Presbyt. Hosp. (New York Supreme Court, New York County 2024)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Order, Supreme Court, New York County (Peter H. Moulton, *576 J.), entered August 17, 2015, which, inter alia, denied defendants Courter & Company’s and Treadwell Corporation’s motions for summary judgment dismissing defendant National Grid USA’s cross claims against them, unanimously affirmed, without costs.
Courter and Treadwell failed to establish prima facie that plaintiff Michael Koulermos was not at the facility in question alongside their employees. Their contention rested on evidence of plaintiff’s inability to remember precisely when he worked at the facility. However, pointing to gaps in an opponent’s evidence is insufficient to demonstrate a movant’s entitlement to summary judgment; Courter and Treadwell failed to present evidence, such as affidavits establishing when their employees were present at the facility and whether or not those employees used asbestos-containing products, to “affirmatively demonstrate the merit of [their] . . . defense” (Dalton v Educational Testing Serv., 294 AD2d 462, 463 [2d Dept 2002]).
In any event, in opposition, defendant National Grid produced evidence showing when the facility was under construction and that during the construction Courter and Treadwell’s employees were at the site for the installation of boilers and related equipment, a process that involved the use of asbestos-containing products and that occurred in plaintiff’s vicinity.
We have considered Courter and Treadwell’s remaining arguments and find them unavailing.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.