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CHARLOP v. A.O. SMITH WATER PRODUCTS

64 A.D.3d 486 (2009)

EUGENE CHARLOP, Respondent, v. A.O. SMITH WATER PRODUCTS et al., Defendants, and KOHLER CO., Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 21, 2009.

The power of a trial court to exercise supervisory control over all phases of an action or proceeding has long been recognized, including the discretionary authority to relieve a party from the consequences of a stipulation effected during litigation (Teitelbaum Holdings v Gold, 48 N.Y.2d 51, 54 [1979]). In this case alleging asbestos-related mesothelioma, the court improvidently exercised its discretion in granting the motion to...

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