Patricia M. Swanson as Executrix for v Aerco International Inc. et al.

Motion No: M-8307

Slip Opinion No: 2019 NYSlipOp 86153(U)

Decided on December 17, 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.

December 17, 2019

Patricia M. Swanson, as Executrix for

the Estate of John Swanson, Deceased,

and Patricia M. Swanson, Individually,

Plaintiffs-Respondents,

v

Aerco International, Inc., et al.,

Defendants,

-and-

American Biltrite Inc.,

Defendant-Appellant.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about October 10, 2018, Now, upon reading and filing the stipulation of the parties hereto, dated September 10, 2019, and due deliberation having been had thereon, It is ordered that the appeal, previously perfected, is withdrawn in accordance with the aforesaid stipulation. ENTERED: December 17, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels, Justices

M-8307

Index No. 190535/12