In Matter of New York City Asbestos Litig. (130 AD3d 489 [1st Dept 2015]), the Court remanded the issue of punitive damages to the Coordinating Justice for a determination of the procedural protocols concerning the assertion of punitive damages claims and discovery concerning such claims. In doing so, the First Department stayed any claim for punitive damages in NYCAL pending modification of the NYCAL Case Management Order. Neither party has briefed the issue of how this court should treat a motion dismiss a claim for punitive damages prior to a final determination, in light of Matter of New York City Asbestos Litig.