In Re New York City Asbestos Litigation v Pentair Water Pool and Spa Inc.

Motion No: M-542

Slip Opinion No: 2018 NYSlipOp 63516(U)

Decided on February 6, 2018

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.

February 6, 2018

In Re: New York City Asbestos Litigation

- - - - - - - - - - - - - - - - -

Kelly O'Connor, Personal Representative

of the Estate of Raymond Flood, Deceased, Plaintiff-Respondent,

v

Pentair Water Pool and Spa, Inc.,

Defendant-Appellant.

In Re: New York City Asbestos Litigation - - - - - - - - - - - - - - - - -

Mary Murphy-Clagett, as Temporary

Administrator for the Estate of

Pietro Macaluso, Index No. 190311/15 Plaintiffs-Respondents, v

A.O. Smith Corporation, et al., Defendants.

-------------------------------------------X An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 17, 2018, And defendant-appellant having moved for an order to stay all proceedings in the above-titled (Flood/Macaluso) actions,

pending determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is It is ordered that the motion is denied, and the interim relief granted by an order of a Justice of this Court on

February 1, 2018, is vacated. ENTERED: February 6, 2018

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Marcy L. Kahn Anil C. Singh Peter H. Moulton, Justices

M-542

Index No. 190147/15