THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L.

Transcription

1 THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L. 1 of 13

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2015 CHRISTINE CIPRUT, Individually, and as The Executor Of the Estate of ANTHONY BOTTA Date Filed: 02/28/2017 -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants Place of Business A.O. SMITH WATER PRODUCTS INC., AERCO INTERNATIONAL, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, ATWOOD & MORRILL CO., INC., AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC. BIRD, INCORPORATED, BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY, BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., BURNHAM LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, Individually, and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAIN TEED CORPORATION, CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DAP PRODUCTS, INC. DURO DYNE CORPORATION, EMPIRE-ACE INSULATION MFG. CORP., FLOWSERVE US, INC., Solely as Successor to ROCKWELL MANUFACTURING SUPPLEMENTAL SUMMONS 2 of 13

3 COMPANY, EDWARD VALVE, INC., NORDSTROM VALVES, INC., EDWARD VOGT VALVE COMPANY, and VOGT VALVE COMPANY FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HENRY COMPANY, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, MARIO & DIBONO PLASTERING CO. INC., OWENS-ILLINOIS, INC., PECORA CORPORATION, PEERLESS INDUSTRIES INC., SLANT/FIN CORPORATION, THE FAIRBANKS COMPANY, THE SHERWIN-WILLIAMS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, UNION CARBIDE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY, W.W. HENRY COMPANY, YORK INDUSTRIES INC., ZY-TECH GLOBAL INDUSTRIES, INC., 3M COMPANY, Individually and as successor to MINNESOTA MINING AND MANUFACTURING COMPANY, Defendants, X To the above named Defendant(s) You are hereby summoned to answer the amended verified complaint in this action and to serve a copy of your answer, or, if the compliant 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 3 of 13

4 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. Dated, 02/28/2017 New York, New York Defendant s address: THE WILLIAMS LAW FIRM, P.C. Attorney(s) for Plaintiff 245 Park Ave 39 th Floor SEE ATTACHED DEFENDANTS RIDER New York, NY (212) of 13

5 DEFENDANTS RIDER John Howarth, Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street, Suite 3100 Philadelphia, PA Tel: (212) Fax: (212) AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS INC and KARNAK CORP. Kerryann Cook Esq. MCGIVNEY & KLUGER, P.C 80 Broad Street, 23rd Floor New York, NY (212) Fax: (212) ATWOOD & MORRILL CO. INC., DAP PRODUCTS, INC, DURO DYNE CORPORATION, W.W. Henry, and HENRY COMPANY LLC Steven Rosenblatt Esq. Theodore Eder Esq. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue, Suite 1100 New York, NY Phone: Fax: WEIL-MCLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY Michael Tanenbaum Esq. SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ Tel: (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., GATES CORPORATION and GENERAL ELECTRIC COMPANY Judith A. Yavitz, Esq. DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27 th Street, 12 th Floor New York, NY Tel: (212) Fax: (212) UNION CARBIDE CORPORATION Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY EMPIRE-ACE INSULATION MFG. CORP. John Fanning Esq. Raghu Bandlamudi, Esq. CULLEN & DYKMAN 44 Wall Street New York, NY Phone # (212) Fax # (212) GOULDS PUMPS, INC and MARIO & DIBONO PLASTERING CO 5 of 13

6 Donald Pugliese, Esq. McDERMOTT, WILL & EMERY 340 Madison Avenue New York, NY Phone # (212) Fax # (212) HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC. / BENDIX Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue New York, NY Tel: (212) Fax: (212) IMO INDUSTRIES, INC. Lisa M. Pascarella, Esq. PASCARELLA, DIVITA, LINDENBAUM & TOMASZEWSKI 2137 Route 35, Suite 290 Holmdel, NJ Phone # (732) Fax # (732) TRANE U.S. INC., f/k/a AMERICAN STANDARD INC. Individually, and as successor in interest to KEWANEE BOILER. Brady Edwards, Esq. MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX Phone: (713) Fax: (713) GRINNELL, LLC, ITT CORPORATION, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., Inc. Philip J. O Rourke, Esq. Karen Campbell Esq. LEWIS BRISBOIS BISGAAD & SMITH, LLP 77 Water Street, Suite 2100 New York, NY Phone # (212) Fax # (212) KAISER GYPSUM COMPANY, INC. Paul Scrudato Esq. Jill Berry Esq. SCHIFF HARDIN & WAITE 666 Fifth Avenue 17th Floor New York, NY Tel: (212) Fax: (212) OWENS-ILLINOIS, INC. Nancy McDonald Esq. MCELROY, DEUTCH & MULVANEY 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ (973) Fax: (973) of 13

7 BURNHAM, LLC AS SUCCESSOR TO BURNHAM CORP., FLOWSERVE CORPORATION, Solely as Successor to ROCKWELL MANUFACTURING COMPANY, EDWARD VALVE, INC., NORDSTROM VALVES, INC., EDWARD VOGT VALVE COMPANY, VOGT VALVE COMPANY James R. Lynch, Esq. LYNCH DASKAL EMERY LLP 137 West 25th Street, 5th Floor New York, NY Phone: (212) Fax: (212) GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY Robert C. Malaby Esq. MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY Phone: (212) Fax: (212) BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY. Christopher Kozak Daniel Moretti, Esq. LANDMAN CORSI BALLAINE & FORD 120 Broadway, 27th Floor New York, Ny Phone # (212) Fax # (212) AMERICAN BILTRITE INC. Steven A. Weiner O TOOLE FERNANDEZ WEINER VAN LIEU LLC 60 Pompton Avenue Verona, NJ (Fax) AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC Erik DiMarco, Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER 150 East 42nd Street New York, NY Phone # (212) Fax # (212) CARRIER CORP Robert D. Brown, Jr., Esq. GIBBONS, P.C. One Gateway Center Newark, NJ 07102USA Phone: (973) Fax: (973) Attorneys for defendant: THE SHERWIN WILLIAMS COMPANY Marc S. Gaffrey, Esq. HOAGLAND, LONGO, MORAN, DUNST, & DOUKAS 40 Paterson Street 7 of 13

8 New Brunswick, NJ Tel: (732) Fax: (732) YORK INDUSTRIES CORP. Tim Mchugh, Esq. LAVIN, O NEIL RICCI, CEDRONE & DISIPIO 420 Lexington Avenue, Suite 335 Graybar Building New York, NY Phone # (212) Fax # (212) M COMPANY, Individually and as successor to MINNESOTA MINING AND MANUFACTURING COMPANY. Diane H. Miller, Esq. LITTLETON JOYCE UGHETTA PARK & KELLY LLP The Centre at Purchase 4 Manhattanville Road Suite 202 Purchase, NY (914) Fax: (914) ZY-TECH GLOBAL INDUSTRIES, INC. 8 of 13

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2015 CHRISTINE CIPRUT, Individually, and as The Executor Of the Estate of ANTHONY BOTTA Date Filed: 02/28/2017 -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants Place of Business A.O. SMITH WATER PRODUCTS INC., AERCO INTERNATIONAL, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, ATWOOD & MORRILL CO., INC., AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC., BIRD, INCORPORATED, BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY, BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., BURNHAM LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, Individually, and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAIN TEED CORPORATION, CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DAP PRODUCTS, INC. DURO DYNE CORPORATION, EMPIRE-ACE INSULATION MFG. CORP., FLOWSERVE US, INC., AMENDED VERIFIED COMPLAINT 9 of 13

10 Solely as Successor to ROCKWELL MANUFACTURING COMPANY, EDWARD VALVE, INC., NORDSTROM VALVES, INC., EDWARD VOGT VALVE COMPANY, and VOGT VALVE COMPANY FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HENRY COMPANY, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, MARIO & DIBONO PLASTERING CO. INC., OWENS-ILLINOIS, INC., PECORA CORPORATION, PEERLESS INDUSTRIES INC., SLANT/FIN CORPORATION, THE FAIRBANKS COMPANY, THE SHERWIN-WILLIAMS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, UNION CARBIDE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY, W.W. HENRY COMPANY, YORK INDUSTRIES INC., ZY-TECH GLOBAL INDUSTRIES, INC., 3M COMPANY, Individually and as successor to MINNESOTA MINING AND MANUFACTURING COMPANY, Defendants, X 10 of 13

11 Plaintiff(s), CHRISTINE CIPRUT, Individually, and as The Executor Of the Estate of ANTHONY BOTTA, by their attorneys THE WILLIAMS LAW FIRM, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), CHRISTINE CIPRUT, Individually, and as The Executor of the Estate of ANTHONY BOTTA, by their attorneys, THE WILLIAMS LAW FIRM, P.C., for their amended verified complaint respectfully alleges: Plaintiff(s), CHRISTINE CIPRUT, Individually, and as The Executor of the Estate of ANTHONY BOTTA, repeats and realleges NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY NO. 1 and NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR WRONGFUL DEATH NO. 1 as fully incorporated herein as it pertains to the defendants in the aforementioned caption 2. Defendant AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC., 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. 4. Defendant DURO DYNE CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 5. Defendant DURO DYNE CORPORATION, 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. 6. Defendant HENRY COMPANY, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant HENRY COMPANY, LLC, 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. 11 of 13

12 8. Defendant PECORA CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 9. Defendant PECORA CORPORATION, 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. 10. Defendant THE SHERWIN-WILLIAMS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant THE SHERWIN-WILLIAMS 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. 12. Defendant W.W. HENRY COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant W.W. HENRY 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. Dated: 02/28/2017 New York, New York Yours, etc., THE WILLIAMS LAW FIRM, P.C. Attorneys for Plaintiff(s) 245 Park Ave 39 th Floor New York, NY (212) of 13

13 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 a member of the firm THE WILLIAMS LAW FIRM, P.C., Counsel for the plaintiff(s) in the within action, deponent has read the foregoing supplemental summons and amended verified complaint and knows the contents thereof, the same is true to the 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: 02/28/2017 New York, New York /S/ JOSEPH P. WILLIAMS 13 of 13