IN RE NEW YORK CITY ASBESTOS LITIGATION v Morse Diesel Inc.

Motion No: M-2323

Slip Opinion No: 2019 NYSlipOp 73582(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 order of the Supreme Court, New York County, entered on or about January 22, 2019, denying Morse Diesel's motion for summary judgment ("Summary Judgment Order"), 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of Appeal, dated April 9, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid stipulation.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-2323

Index No. 190127/17