Matter of Eighth Judicial District Asbestos Litigation
2011 NY Slip Op 04894 [85 AD3d 1602]
June 10, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 10, 2011


In the Matter of Eighth Judicial District Asbestos Litigation. Kevin Klas, as Executor of Norman William Klas, Deceased, Respondent,
v
A.O. Smith Water Products et al., Defendants, and Crane Co., Appellant.

—[*1] K&l Gates, LLP, New York City (Kirsten Alford Kneis of counsel), for defendant-appellant.

Belluck & Fox, LLP, New York City (Joseph W. Belluck of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John P. Lane, J.H.O.), entered October 19, 2010. The order denied the motion of defendant Crane Co. for summary judgment.

Now, upon the stipulation of discontinuance signed by the attorneys for the parties on February 16, 2011, and filed in the Erie County Clerk's Office on March 28, 2011,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Centra, J.P., Fahey, Carni, Sconiers and Green, JJ.