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MATTER OF NEW YORK CITY ASBESTOS LITIG.

10395. 190099/09.

177 A.D.3d 527 (2019)

114 N.Y.S.3d 309

2019 NY Slip Op 08482

In the Matter of New York City Asbestos Litigation. Robert J. Pecoraro, as Executor for the Estate of Delores Pecoraro, Deceased, Appellant, v. Union Carbide Corporation, Respondent.

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

Decided November 21, 2019.

The court properly found that the agreement entered into between defendant and plaintiff's former counsel was unambiguous on its face, and that tolling was effective only during the term of the agreement (see generally MHR Capital Partners LP v Presstek, Inc., 12 N.Y.3d 640, 645-646 [2009]). The standstill provision in paragraph 19(A) of the agreement terminated on December 31, 2009. It...

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