In re New York City Asbestos Litigation v A.O. Smith Water Products Co. et al.

Motion No: M-1710

Slip Opinion No: 2017 NYSlipOp 75177(U)

Decided on May 30, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

May 30, 2017

In re New York City Asbestos Litigation

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Mary Juni, etc.,

Plaintiff-Appellant,

v

A.O. Smith Water Products Co., et al.,

Defendants,

Ford Motor Company,

Defendant-Respondent.

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The Coalition for Litigation Justice,

Inc., the Chamber of Commerce of the

United States of America, the Business

Council of New York State and the

National Association of Manufacturers,

Amici Curiae.

Plaintiff-appellant, Mary Juni, etc., having moved for reargument of, or in the alternative, for leave to appeal to

the Court of Appeals, from the decision and order of this Court, entered on February 28, 2017 (Appeal Nos. 2457, 2458), Now, upon reading and filing the papers with respect to

the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks reargument, is denied. So much of the motion which seeks leave to appeal to the Court of Appeals is granted,

and this Court, pursuant to CPLR 5713, certifies that the following question of law, decisive of the correctness of its determination, has arisen, which in its opinion ought to be reviewed by the Court of Appeals:

"Was the order of Supreme Court, as affirmed by the this Court, properly made?" This Court further certifies that its determination was

made as a matter of law and not in the exercise of discretion. ENTERED: May 30, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Paul G. Feinman Marcy L. Kahn, Justices

M-1710

Index No. 190315/12