N.Y. Appeal Court Dismisses Asbestos Appeal, Notes Parties Had Reached Settlement Agreement

NEW YORK –– A New York appellate court has dismissed an asbestos-related appeal, noting that the parties had recently filed a stipulation for withdrawal of appeal, as the parties had reached a settlement agreement.

The Appellate Division of the New York Supreme Court, First Judicial Department, issued an order dismissing the appeal on Feb. 4.

The appeal arose out an October 2018 New York Supreme Court for New York County decision in which American Biltrite Inc.’s motion for summary judgment was denied.

In the order, the lower court explained that plaintiff John Isernia contended his mesothelioma was caused by …