`NYSCEF DOC. NO. 513
`
`INDEX NO. 190139/2015
`
`RECEIVED NYSCEF: 09/14/2017
`
`FILED: NEW YORK COUNTY CLERK 09m2017 02:46 PM
`NYSCEF DOC. NO. 513
`
`
`INDEX NO~
`
`
`
`
`RLCLIVLD NYSCEF:
`
`190139/2015
`
`09/14/2017
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF NEW YORK
`
`IN RE: NEW YORK COUNTY
`
`
`ASBESTOS LITIGATION
`
`RONEY TEMOR AND DIANE TEMOR,
`
`NYCAL
`
`I.A.S. Part 46
`(Billings, L.)
`
`Index No.: 190139/15
`
`Plaintiff(s),
`
`-against-
`
`AIR & LIQUID SYSTEM CORPORATION, et al.,
`
`
`
`Defendant(s).
`
`NOTICE OF
`
`WITHDRAWAL OF
`
`MOTION FOR SUMMARY
`
`JUDGMENT FILED BY
`
`DEFENDANT THE
`
`FAIRBANKS COMPANY
`
`PLEASE TAKE NOTICE that Defendant, The Fairbanks Company, hereby withdraws
`its Motion for Partial Summary Judgment, (Sequence Motion #10) as we have received an
`executed Partial No Opposition Summary Judgment Motion as to loss of consortium from
`Plaintiff’ s counsel.
`
`Should Your Honor have any questions, issues or concerns regarding the above, please
`do not hesitate to contact our office.
`
`Dated: New York, New York
`
`September 14, 2017
`
`Very truly yours,
`McGIVNEY, KLUGER & COOK, RC.
`
`923/ %€ae(/o>
`
`By:
`
`Daisy Acevedo
`Paralegal
`
`cc: All Counsel of record
`
`{N0653497-1}FLORHAM
`PARK, NJ
`(973)822-1110
`
`FT LAUDERDALE, FL
`(954) 848—3681
`
`HARTFORD, CT
`(860) 404-3000
`
`NEW YORK, NY
`1 of 2
`(212) 509-3456
`
`PHILADELPHIA, PA
`(215) 557-1990
`
`
`
`FILED: NEW YORK COUNTY CLERK 09/14/2017 02:46 PM
`NYSCEF DOC. NO. 513
`
`INDEX NO. 190139/2015
`
`RECEIVED NYSCEF: 09/14/2017
`
`FILED: NEW YORK COUNTY CLERK 09.112017 02:46 PM
`NYSCEF DOC. NO. 513
`
`INDEX NO~ 190139/2015
`
`
`
`
`
`RaCaIVaD VYSCEF: 09/14/2017
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`IN RE: NEW YORK COUNTY
`ASBESTOS LITIGATION
`
`2 NYCAL
`§ I.A.S. Part 46
`(Billings, L.)
`
`This Document Relates to:
`
`Index No.: 190139/ 15
`
`RONEY TEMOR AND DIANE TEMOR
`
`
`5 JUDGMENT MOTION AND ORDER AS TO
`LOSS OF CONSORTIUM ONLY
`
`PARTIAL No OPPOSITION SUMMARY
`
`WHEREFORE, defendant, The Fairbanks Company (hereinafter “Fairbanks” , hereby
`
`requests partial summary judgment in the above entitled case, pursuant to Civil Practice Law and
`
`Rules § 3212, dismissing plaintiffs” Seventh Cause of Action and any and all claims pertaining to
`
`loss of consortium against defendant, Fairbanks, with prejudice in this action, and there being no
`
`Opposition thereto, pursuant to Rademaclter v. Torbensen, 257 AD. 91, (4th Dep’t 1939), which
`
`held that a spouse cannot maintain a cause of action for loss of consortium if the patties were not
`
`married at the time of the injury giving rise to the claim.
`
`ORDERED,
`
`that upon notice to all co-defendants, all claims and cross claims against
`
`defendant, Fairbanks pertaining to loss of consortium be and the same are hereby dismissed with
`
`prejudice and without costs. This order does not affect or discontinue the remaining causes of action
`
`which continue in full force and effect.
`
`Dated:
`
`e Yo k, New York
`
`,2017
`l
`,I n , A...
`W
`for Pla
`Atto "
`_
`oney T " " an: Diane Tmor
`”5 W‘LUAMS LAW PERM
`45 Park Avenue» 39 F -
`= , Y0K: New Y 0167
`(212) 6 -
`
`SO ORDERED,
`
`,
`
`/
`,.
`/
`i son A. Null, Esq.
`Attorney for Defendant
`The Fairbanks Company
`MCGIVNEY, KLUGER, & COOK, PC.
`80 Broad Street-Suite 2300
`New York, New York 10004
`(212) 509~34S6
`
`Hon. Lucy Billings
`
`2 of 2
`
`0504-1493
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
