Richard Trumbull and Margaret v Adience Inc. et al.

Motion No: M-2303

Slip Opinion No: 2018 NYSlipOp 74651(U)

Decided on May 31, 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.

May 31, 2018

Richard Trumbull and Margaret

Trumbull,

Plaintiffs-Respondents,

v

Adience, Inc., et al.,

Defendants,

Rogers Corporation, Cleaver Brooks,

Inc., J.H. France Refractories Company,

The Fairbanks Company, and Caterpillar,

Inc.,

Defendants-Appellants.

Appeals having been taken from an order of the Supreme Court, New York County, entered on or about April 30, 2018, And defendants-appellants Rogers Corporation, Cleaver Brooks, Inc., and J.H. France Refractories Company (M-2301), Caterpillar, Inc. (M-2302); and Fairbanks Company (M-2303) having separately moved for a stay of trial pending hearing and determination of the appeals taken from the aforesaid order,And defendant-appellant Caterpillar, Inc., having stipulated to withdraw its motion (M-2302),And defendant-appellant Rogers Corporation having withdrawn its motion (M-2301),And defendant-appellant Fairbanks Corporation having withdrawn its motion (M-2303), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the extant motions for a stay of trial pending hearing and determination of their respective appeals are denied. The motions by Caterpillar, Inc., Rogers Corporation, and Fairbanks Corporation are deemed withdrawn in accordance with the correspondence of the parties dated May 17, 2018 and May 23, 2018. ENTERED: May 31, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton,Justices

M-2303

M-2302

M-2301

Index No. 190084/16