In Re New York City Asbestos Litigation v Aerco International Inc. et al.

Motion No: M-5145

Slip Opinion No: 2018 NYSlipOp 91447(U)

Decided on December 20, 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.

December 20, 2018

In Re: New York City Asbestos Litigation

----------------------------------------X

Ann Marie Idell, as Executrix of the

Estate of Thomas McGlynn, Deceased,

Plaintiff-Respondent,

v

Aerco International, Inc., et al.,

Defendants,

Crane Co., et al.,

Defendants-Respondents,

Jenkins Bros.,

Defendant-Appellant.

A decision and order of this Court (Appeal No. 6936-38), having been entered September 13, 2018, which, inter alia, modified an order of the Supreme Court, New York County, entered December 15, 2017, to direct a new trial on past pain and suffering only, unless, within 30 days of service of a copy of the order with notice of entry, defendant-appellant stipulated to increase the award for past pain and suffering to $4 million, and to reinstate the jury's future pain and suffering award of $1.5 million, And defendant-appellant having moved for an enlargement of time to choose whether to stipulate to the additur or proceed with the retrial, until its appeal to the Court of Appeals is decided, Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties hereto, dated

November 6, 2018, and due deliberation having been had thereon, It is ordered that the motion (M-5154) is granted, and defendant-appellant's time to stipulate to the additur is enlarged in accordance with the aforesaid stipulation. ENTERED: December 20, 2018

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding,Judith J. Gische Barbara R. Kapnick Cynthia S. Kern,Justices

M-5145

Index No. 190219/16