Court: Supreme Court of New York – Niagara County
In this action, plaintiffs allege asbestos exposure from the use of talc cosmetics and consumer products manufactured by defendant, IMI Fabi, LLC, among others, and that this asbestos exposure occurred within New York.
Fabi ultimately filed a motion to dismiss for lack of personal jurisdiction pursuant to CPLR 3211(a)(8). The evidentiary record provided, however, demonstrates that Fabi is part of a global enterprise producing talc for use in cosmetics, pharmaceuticals, and industrial applications. For instance, IMI Fabi (Diana) LLC operated a talc facility in Natural Bridge (Diana), New York. The Diana plant produced cosmetic and industrial grade talc beginning in the late 1990s. In 2001, Diana entered into a Distributor Agreement with Cosmetic Specialties, Inc. (CSI), a New Jersey distributor, appointing CSI as the primary distributor of Fabi’s cosmetic talc products in the United States, including New York.
In 2020, corporate restructuring formally merged the Diana entity into Fabi. Plaintiffs Opposed Fabi’s motion to dismiss. On September 15, 2025, oral argument was conducted before the Supreme Court of New York, Niagara County.
After considering the totality of the record, Judge Raymond Walter of the Supreme Court of New York initially concluded Fabi is not subject to general jurisdiction in New York. However, plaintiffs have established specific jurisdiction under CPLR 302(a)(1) and 302(a)(3).
In coming to this conclusion, the court emphasized the following: (1) – Fabi purposefully transacted business in New York through its distributor CSI and through direct shipments into the state; (2) – Fabi reasonably should have expected its conduct to have consequences in New York; and (3) – Fabi derives substantial revenue from interstate and international commerce. In addition, Judge Walter held the exercise of jurisdiction over Fabi in New York in in this case comports with due process as articulated in International Shoe, Burger King Corp., and Ford Motor Co., and it is consistent with New York precedent such as LaMarca.
Consequently, the Supreme Court of New York denied Fabi’s motion to dismiss for lack of personal jurisdiction in its entirety.
Read the full decision here.
