As attorneys prepare to clash before an appeals court over new rules for the New York City asbestos docket, which includes an option for plaintiffs to assert punitive damages, the court ruled on Tuesday to allow full implementation of the rules while the appeal is pending.

A panel of the Appellate Division, First Department, issued a brief motion order ending a stay on the new case management order for the New York City Asbestos Litigation docket issued in July by fellow First Department Justice Ellen Gesmer.

Gesmer's stay had spared the provision to reinstate the punitive damages option for plaintiffs, a portion of the new order that has been met with vehement resistance from the defense bar.