| Matter of New York County Asbestos Litig. |
| 2012 NY Slip Op 00915 [92 AD3d 486] |
| February 9, 2012 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of New York County Asbestos Litigation. Keith H.
Clark, Plaintiff, v A.O. Smith Water Products et al., Defendants, and Kentile Floors, Inc., et al., Respondents. Joan M. Gasior, Nonparty Appellant. |
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McGivney & Kluger, New York (William D. Sanders of counsel), for respondents.
Appeal from order, Supreme Court, New York County (Louis B. York, J.), entered November 8, 2010, which granted defendants Kentile Floors, Inc.'s, Courter & Company, Inc.'s, the Fairbanks Company's, and DAP, Inc.'s motion to disqualify appellant and the law firm of Napoli, Bern, Ripka LLP in this action and in Pastore v A.O. Smith Water Products Co. (index No. 190194/10) and Powell v A.O. Smith Water Products Co. (index No. 190198/10), unanimously dismissed, without costs, as moot.
The discontinuances in two of the actions and substitution of counsel in the other deprive appellant of any further controversy to have determined; there does not appear to be any exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). If we were to address the merits, we would find that the motion court properly granted the motion in light of appellant's intimate familiarity with the moving defendants' settlement strategies. Concur—Tom, J.P., Sweeny, Acosta, Renwick and RomÁn, JJ.
Motion to supplement record or take judicial notice of certain documents denied.