In Re New York City Asbestos Litigation v A.O. Smith Water Products Co. et al.

Motion No: M-7610

Slip Opinion No: 2019 NYSlipOp 84810(U)

Decided on November 26, 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.

November 26, 2019

In Re: New York City Asbestos Litigation

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

Russell Leavitt and Joyce Leavitt,

Plaintiffs-Respondents,

v

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

Defendants,

-and-

Rogers Corporation,

Defendant-Appellant.

Defendant-appellant having moved for a stay of trial pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about February 22, 2019, And an interim stay having been issued by a Justice of this Court on October 2, 2019, staying the trial of the underlying matter pending determination of the within motion or upon a decision on the aforesaid appeal, And by decision and order entered on October 15, 2019, this Court having decided the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied as moot, and the interim stay is vacated.ENTERED: November 26, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-7610

Index No. 190240/17