IN RE NEW YORK CITY ASBESTOS LITIGATION v

Motion No: M-2321

Slip Opinion No: 2019 NYSlipOp 73581(U)

Decided on June 25, 2019

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.

June 25, 2019

IN RE: NEW YORK CITY ASBESTOS LITIGATION

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This Document Relates To:

Franco Ombramonti

Plaintiff-Respondent,

v

Morse Diesel, Inc.,

Defendant-Appellant,

Aluminum Company of America (ALCOA),

et al.,

Defendants.

An appeal having been taken by defendant Morse Diesel, Inc., from an order of the Supreme Court, New York County, entered on or about January 22, 2019, which granted plaintiff's motion for joint trial, Now, upon reading and filing the Stipulation of Withdrawal of Notice of Appeal, dated April 9, 2019, and due deliberation having been had thereon,It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid stipulation.ENTERED: June 25, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-2321

Index No. 190127/17