Majority
p. 486In 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. [937 NYS2d 853]
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 NY2d 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. Concur — Tom, J.P., Sweeny, Acosta, Renwick and Román, JJ.
Motion to supplement record or take judicial notice of certain documents denied.
Cases cited
- Hearst Corp. v. Clyne 50 NY2d 707 at 714-715 p. 486