Matter of New York City Asbestos Litig., 2023 NY Slip Op 00946 [213 AD3d 551]

February 21, 2023

Appellate Division, First Department

[*1]

In the Matter of New York City Asbestos Litigation. Frederick Cutrone, Respondent,

v

Aerco International, Inc., et al., Defendants, and Dykes Lumber Company, Inc., Appellant.

An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Adam Silvera, J.), entered on or about January 18, 2022, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, and upon the stipulation of the parties hereto dated February 6, 2023, it is unanimously ordered that said appeal be and the same is hereby withdrawn in accordance with the terms of the aforesaid stipulation. Concur—Kapnick, J.P., Oing, Kennedy, Pitt-Burke, JJ..