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MATTER OF NEW YORK CITY ASBESTOS LITIG.

40000/88 -190215/11 -190262/11, 15678, 190293/11, 190294/11, 190299/11, 190311/11, 15677, 15676, 15675

130 A.D.3d 489 (2015)

13 N.Y.S.3d 398

2015 NY Slip Op 06027

In the MATTER OF NEW YORK CITY ASBESTOS LITIGATION. ALL NEW YORK CITY ASBESTOS LITIGATION CASES, Respondents, v. A.O. SMITH WATER PRODUCTS CO. et al., Defendants, CRANE CO. et al., Appellants.

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

Decided July 9, 2015.

In this New York City Asbestos Litigation (NYCAL), the Case Management Order (CMO) was amended in 1996 by the Coordinating Justice to add section XVII which provides that "[c]ounts for punitive damages are deferred until such time as the Court deems otherwise, upon notice and hearing" (emphasis added). In April 2013, all plaintiffs jointly moved to modify section XVII to read: "Plaintiffs are permitted to seek punitive damages against defendants upon application to...

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