In Re New York City Asbestos Litigation v American Biltrite Inc.

Motion No: M-3128

Slip Opinion No: 2019 NYSlipOp 77629(U)

Decided on August 20, 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.

August 20, 2019

In Re: New York City Asbestos Litigation

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

Frances Isernia, as Administratrix for

the Estate of John M. Isernia, and

Franics Isernia, Individually,

Plaintiff-Respondent,

v

American Biltrite Inc.,

Defendant-Appellant,

A.O. Smith Water Products Co., et al.,

Defendants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 16, 2018, Now, upon reading and filing the correspondence from counsel for defendant-appellant, dated May 31, 2019, and due deliberation having been had thereon, It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: August 20, 2019

_____________________ DEPUTY CLERK

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

M-3128

Index No. 190071/16