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Duty to Warn and Third-Party Conduct: A Look at Two Recent New York Cases

By Jeffrey Lichtman and Richard A. Menchini

In the past year, New York's highest court, the Court of Appeals, issued two decisions addressing both the scope of a defendant's duty to warn in negligence and products liability actions, and the scope of tort liability in actions predicated upon third-party conduct. In In re N.Y.C. Asbestos Litigation (N.Y.C. Asbestos), No. 83, 2016 WL 3495191 (N.Y. June 28, 2016), the court considered the circumstances under which a manufacturer of a non-hazardous product has a duty to warn against dangers arising from the product's use in combination with a hazardous product manufactured by a third party. In Pasternack v. Laboratory Corp. of America Holdings, No. 112, 2016 WL 3543713 (N.Y. June 30, 2016), the court considered: 1) whether laboratories and related entities have a common law duty to comply with federal regulations and guidelines governing drug-testing procedures that are unrelated to preserving the scientific integrity of the testing process; and 2) whether a plaintiff who suffers damages as a result of a third party's reliance on a false representation can state a claim for fraud.

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