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 moving defendants' settlement strategies.

Motion to supplement record or take judicial notice of certain documents denied.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases