Opinion
Motion No: M-5145
12-20-2018
In Re: New York City Asbestos Litigation Ann Marie Idell, as Executrix of the Estate of Thomas McGlynn, Deceased, Plaintiff-Respondent, v. Aerco International, Inc., et al., Defendants, Crane Co., et al., Defendants-Respondents, Jenkins Bros., Defendant-Appellant.
A decision and order of this Court (Appeal No. 6936-38), having been entered September 13, 2018, which, inter alia, modified an order of the Supreme Court, New York County, entered December 15, 2017, to direct a new trial on past pain and suffering only, unless, within 30 days of service of a copy of the order with notice of entry, defendant-appellant stipulated to increase the award for past pain and suffering to $4 million, and to reinstate the jury's future pain and suffering award of $1.5 million, And defendant-appellant having moved for an enlargement of time to choose whether to stipulate to the additur or proceed with the retrial, until its appeal to the Court of Appeals is decided, Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties hereto, dated November 6, 2018, and due deliberation having been had thereon, It is ordered that the motion (M-5154) is granted, and defendant-appellant's time to stipulate to the additur is enlarged in accordance with the aforesaid stipulation.
ENTERED: December 20, 2018
_____________________ CLERK
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding,Judith J. Gische Barbara R. Kapnick Cynthia S. Kern,Justices
M-5145
Index No. 190219/16