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HETTINGER v. AMCHEM PRODUCTS, INC.

Index No. 190015/16. Appeal No. 13606. Case No. 2020-02476.

193 A.D.3d 544 (2021)

142 N.Y.S.3d 353

2021 NY Slip Op 02360

Paul M. Hettinger, Respondent, v. Amchem Products, Inc., et al., Defendants, and P & H Mining Equipment, Appellant.

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

Decided April 20, 2021.

Attorney(s) appearing for the Case

Barclay Damon LLP, Albany ( Linda J. Clark of counsel), for appellant.

Weitz & Luxenberg, P.C., New York ( Jason P. Weinstein of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, González, JJ.

The New York City Asbestos Litigation (NYCAL) Coordinating Justice has the authority under the Uniform Rules for Trial Courts (22 NYCRR) § 202.69 to issue a Case Management Order (CMO) or modify an existing CMO, after consultation with counsel, that sets forth procedural protocols for the NYCAL that do not strictly conform with the CPLR so long as those protocols do not deprive a party of its right to due process (Matter of New York City Asbestos Litig. [All NYCAL...

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