IN RE NEW YORK CITY ASBESTOS LITIGATION v American Biltrite Inc.

Motion No: M-112

Slip Opinion No: 2020 NYSlipOp 62031(U)

Decided on February 4, 2020

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.

February 4, 2020

IN RE: NEW YORK CITY ASBESTOS LITIGATION

-----------------------------------------X

Frances Isernia, as Administratrix for

the Estate of John M. Isernia and Frances

Isernia, Individually,

Plaintiffs-Respondents,

v

American Biltrite Inc.,

Defendant-Appellant,

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

Defendants.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 16, 2018,Now, upon reading and filing the Stipulation For Withdrawal of Appeal of the parties hereto, dated December 19, 2019, and due deliberation having been had thereon,It is ordered that the appeal is deemed withdrawn in accordance with the aforesaid Stipulation.ENTERED: February 4, 2020

_____________________ CLERK

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

M-112

Index No. 190071/16