IN THE MATTER OF THE EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION.
Motion No: 85-17
Slip Opinion No: 2017 NY Slip Op 88153(U)
Decided on September 29, 2017
Appellate Division, Fourth 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.


September 29, 2017

PRESENT: CARNI, J.P., LINDLEY, NEMOYER, AND TROUTMAN, JJ.

MOTION NO. 85-17
DOCKET NO. CA 16-00947

IN THE MATTER OF THE EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION.



DONALD J. TERWILLIGER, ADMINISTRATOR OF THE ESTATE OF

DONALD R. TERWILLIGER, DECEASED, PLAINTIFF-RESPONDENT,

V

BEAZER EAST, INC., THE COMPANY, FORMERLY KNOWN AS KOPPERS

COMPANY, INC., ET AL., DEFENDANTS, AND HONEYWELL INTERNATIONAL,

INC., SUCCESSOR IN INTEREST TO WILPUTTE COKE OVEN DIVISION OF ALLIED

CHEMICAL CORPORATION, DEFENDANT-APPELLANT.


Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered May 5, 2017,

Now, upon reading and filing the affirmation of John Ned Lipsitz, Esq., dated June 6, 2017, the notice of motion with proof of service thereof, and the affirmation of A. Vincent Buzard, Esq., dated June 22, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 29, 2017

Mark W. Bennett, Clerk