MATTER OF NEW YORK COUNTY ASBESTOS LITIGATION.

190165/10, 6780N, 5809.

92 A.D.3d 486 (2012)

937 N.Y.S.2d 853

2012 NY Slip Op 915

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.

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

Decided February 9, 2012.


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 N.Y.2d 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...

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