FILED: NEW YORK COUNTY CLERK 12/15/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 12/15/2015

Transcription

1 FILED: NEW YORK COUNTY CLERK 12/15/ :59 PM INDEX NO /2015 NYSCEF DOC. NO. 41 RECEIVED NYSCEF: 12/15/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ROGER J. CARILLI, Index No.: Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial A.O. SMITH WATER PRODUCTS CO., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AURORA PUMP COMPANY, BRYANT HEATING & COOLING SYSTEMS, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., FEDERAL PUMP CORPORATION, FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL LLC, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY, The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS

2 ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, JENKINS BROS., OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RHEEM MANUFACTURING COMPANY, RILEY POWER INC, ROPER PUMP COMPANY, SLANT/FIN CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, STOCKHOLM VALVES & FITTINGS INC., THE BETHLEHEM CORPORATION, f/k/a THE FEDERAL BOILER COMPANY, THE FAIRBANKS COMPANY, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION, WARREN PUMPS, LLC, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, WEINMAN PUMP & SUPPLY CO., GEORGIA PACIFIC LLC., Defendants X To the above named Defendant(s) You are hereby summoned to answer the second amended verified complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

3 Dated, December 15, 2015 New York, New York Defendant's address: SEE ATTACHED DEFENDANTS RIDER WEITZ & LUXENBERG, P.C. Attorney(s) for Plaintiff Post Office Address 700 Broadway New York, New York (212)

4 DEFENDANTS' RIDER Michelle Grady Esq. ECKERT, SEAMANS, CHERIN & MELLOTT, LLC 10 Bank Street, Suite 700 White Plains, NY (914) fax:(914) A.O. SMITH WATER PRODUCTS CO. Jennifer Darger Esq Judy Yavitz Esq DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27th Street 12th Floor New York, NY (212) fax:(212) AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC. CERTAINTEED CORPORATION UNION CARBIDE CORPORATION Chris Gannon Esq Kim Reiter paralegal Lindsey Foster Esq Steven Rosenblatt Esq Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY (212) fax:(212) AURORA PUMP COMPANY GARDNER DENVER, INC. WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC

5 Erik DiMarco Esq Erik DiMarco Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 150 East 42nd Street 23rd Floor New York, NY (212) fax:(212) BRYANT HEATING & COOLING SYSTEMS CARRIER CORPORATION CLYDE UNION, INC. Nancy McDonald Esq. MCELROY, DEUTCH, MULVANEY & CARPENTER LLP (NJ) 1300 Mount Kemble Avenue Morristown, NJ (973) fax:(973) BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company Michael Tanenbaum Esq SEDGWICK, LLP One Newark Center 1085 Raymond Boulevard, 16th Floor Newark, NJ (973) fax:(973) CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION FOSTER WHEELER, L.L.C. GENERAL ELECTRIC COMPANY

6 Suzanne Halbardier Esq. BARRY MCTIERNAN & MOORE 2 Rector Street 14th Floor New York, NY (212) fax:(212) CLEAVER BROOKS COMPANY, INC. FULTON BOILER WORKS, INC. UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION Dave Schaffer Esq Eva Wayne Esq MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY (212) fax:(212) CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC. ROPER PUMP COMPANY Kenneth Roberts Esq LAW OFFICES OF KENNETH G. ROBERTS 1865 Palmer Avenue, Suite 203 Larchmont, NY (914) fax:(914) FEDERAL PUMP CORPORATION Christopher Hannan Esq KELLEY JASONS MCGOWAN SPINELLI HANNA & REBER, LLP 120 Wall Street. 30th Floor New York, NY (212) fax:(212) FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES

7 Peter Langenus Esq. SCHNADER HARRISON SEGAL & LEWIS 140 Broadway Suite 3100 New York, NY (212) fax:(212) FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC. John Fanning Esq. Raghu Bandlamudi Esq. CULLEN AND DYKMAN, LLP 44 Wall Street 15th Floor New York, NY (212) fax:(212) GOULDS PUMPS, INC. Beth Hughes Esq Brady Edwards Esq. MORGAN LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX (212) fax:(212) GRINNELL LLC ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc., DONALD PUGLIESE Esq. MCDERMOTT, WILL & EMERY 340 Madison Avenue 14th Floor NEW YORK, NY (212) fax:(212) HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX

8 Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY (212) fax:(212) JENKINS BROS. STOCKHOLM VALVES & FITTINGS INC. THE FAIRBANKS COMPANY Paul Scrudato Esq. Product Group SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC. Philip O'Rourke Esq LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, 21st Floor New York, NY (212) fax:(212) PEERLESS INDUSTRIES, INC. Carol Tempesta Esq RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY (914) fax:(914) PFIZER, INC. (PFIZER) Alfred Sargente Esq Sara Murphy Esq HAWKINS, PARNELL, THACKSTON & YOUNG 600 Lexington Avenue 8th Floor New York, NY (855) fax:(646) PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX)

9 Lisa Pascarella Esq PASCARELLA DIVITA LINDENBAUM & TOMASZEWSKI, PLLC 2137 Route 35, Suite 290 Holmdel, NJ (732) fax:(732) RHEEM MANUFACTURING COMPANY John Kot Esq. WATER, MCPHERSON & MCNEIL 300 Lighting Way 7th Floor Secaucus, NJ (201) fax:(201) RILEY POWER INC Norman Golub Esq MARSHALL CONWAY & BRADLEY 45 Broadway New York, NY (212) fax:(212) SLANT/FIN CORPORATION Cynthia Messemer Esq George Hodges Esq HODGES WALSH MESSEMER MOROKNEK, LLP 55 CHURCH ST SUITE 211 WHITE PLAINS, NY (914) fax:(914) SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY Norman Senior Esq. GREENFIELD, STEIN & SENIOR 600 Third Avenue, 11th Floor New York, NY (212) fax:(212) U.S. RUBBER COMPANY (UNIROYAL)

10 David Goodearl Esq. Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue 17th Floor New York, NY (212) fax:(212) WARREN PUMPS, LLC JAMES ABRAHAM Esq LAW OFFICES OF JAMES E. ABRAHAM 5001 Baum Blvd, Suite 419 Pittsburgh, PA (412) fax:(412) WEINMAN PUMP & SUPPLY CO. GEORGIA PACIFIC LLC. CT Corporation Systems 111 8th Avenue New York, NY 10011

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No: ROGER J. CARILLI, Date Filed: -against- Plaintiff(s), A.O. SMITH WATER PRODUCTS CO., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AURORA PUMP COMPANY, BRYANT HEATING & COOLING SYSTEMS, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., FEDERAL PUMP CORPORATION, FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC., FOSTER WHEELER, L.L.C., FULTON BOILER WORKS, INC., GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL LLC, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING SECOND AMENDED VERIFIED COMPLAINT PLAINTIFF DEMANDS TRIAL BY JURY

12 Co., Inc.,, JENKINS BROS., OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RHEEM MANUFACTURING COMPANY, RILEY POWER INC, ROPER PUMP COMPANY, SLANT/FIN CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, STOCKHOLM VALVES & FITTINGS INC., THE BETHLEHEM CORPORATION, f/k/a THE FEDERAL BOILER COMPANY, THE FAIRBANKS COMPANY, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION, WARREN PUMPS, LLC, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, WEINMAN PUMP & SUPPLY CO., GEORGIA PACIFIC LLC., Defendants X Plaintiff(s), ROGER J. CARILLI, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), ROGER J. CARILLI, by their attorneys, WEITZ & LUXENBERG, P.C., for their second amended verified complaint respectfully alleges: 2. Defendant AURORA PUMP COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant BRYANT HEATING & COOLING SYSTEMS, was and still is a duly organized domestic corporation doing business in the State of New York. 4. Defendant CARRIER CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York.

13 5. Defendant CLYDE UNION, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant FEDERAL PUMP CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 8. Defendant FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, was and still is a duly organized domestic corporation doing business in the State of New York. 9. Defendant FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, was and still is a duly organized domestic corporation doing business in the State of New York. 10. Defendant FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant GARDNER DENVER, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 12. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant ITT INDUSTRIES, INC. Individually and as Successor-ininterest to HOFFMAN SPECIALTY, was and still is a duly organized domestic corporation doing business in the State of New York.

14 15. Defendant ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant JENKINS BROS., was and still is a duly organized domestic corporation doing business in the State of New York. 17. Defendant RHEEM MANUFACTURING COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant ROPER PUMP COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 19. Defendant SLANT/FIN CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 21. Defendant THE BETHLEHEM CORPORATION, f/k/a THE FEDERAL BOILER COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 22. Defendant THE BETHLEHEM CORPORATION, f/k/a THE FEDERAL BOILER COMPANY, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 23. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York.

15 24. Defendant UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant WARREN PUMPS, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 26. Defendant WEINMAN PUMP & SUPPLY CO., was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), ROGER J. CARILLI, repeats and realleges NYAL - WEITZ & LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 7 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: December 15, 2015 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212)

16 STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an Associate of the firm WEITZ & LUXENBERG, P.C., Counsel for the plaintiff(s) in the within action; deponent has read the foregoing second supplemental summons and second amended verified complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by plaintiff(s) because plaintiff(s) resides outside of the County of New York where plaintiffs' counsel and deponent maintain their office. Dated: December 15, 2015 New York, New York /S/ PHAN THI ALVARADO

17 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== ROGER J. CARILLI, -against- A.O. SMITH WATER PRODUCTS CO., et. al., Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and SECOND AMENDED VERIFIED COMPLAINT ========================================================================================== WEITZ & LUXENBERG, P.C. Attorneys for PLAINTIFFS 700 Broadway New York, NY ========================================================================================== To Attorney(s) for ========================================================================================== Service of a copy of the within is hereby admitted. Dated, December 15, Attorney(s) for