FILED: NEW YORK COUNTY CLERK 06/09/ :40 AM INDEX NO /2017 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 06/09/2017

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, Index No.: Date Filed: -against- Plaintiff(s), AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., BIRD INCORPORATED, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, CERTAINTEED CORPORATION, CRANE CO. Individually and as Successor to PACIFIC VALVES, DOMCO PRODUCTS TEXAS, INC., FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOULD PUMPS LLC, KARNAK CORPORATION, KOHLER CO., LENNOX INDUSTRIES, INC., MANNINGTON MILLS, INC., OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), REYNOLDS METALS COMPANY, RHEEM MANUFACTURING COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, ALLIED BUILDING PRODUCTS CORP., DAP, INC., H.B. FULLER COMPANY, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, ITT LLC., Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS 1 of 13

2 Individually and as successor to BELL & GOSSETT and as successor to KENNEDY VALVE MANUFACTURING CO., Inc., R.W. BECKETT CORPORATION, TACO, INC., TRIANGLE BUILDING PRODUCTS CORP., 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 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. Dated, June 09, 2017 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) of 13

3 DEFENDANTS' RIDER 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 LENNOX INDUSTRIES, INC. UNION CARBIDE CORPORATION Kimberly Perez Esq LANDMAN CORSI BALLAINE & FORD, P.C. (NJ) One Gateway Center 4th Floor Newark, NJ (973) fax:(973) AMERICAN BILTRITE INC. Lisa Pascarella Esq PASCARELLA DIVITA, PLLC 2137 Route 35, Suite 290 Holmdel, NJ (732) fax:(732) BIRD INCORPORATED RHEEM MANUFACTURING COMPANY 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 3 of 13

4 Erik DiMarco Esq Virginia Squitieri Esq GORDON & REES SCULLY MANSUKHANI, LLP One Battery Park Place New York, NY (212) fax:(212) CARRIER CORPORATION Kirsten Kneis Esq. K & L GATES LLP 599 Lexington ave 32nd Floor New York, NY (212) fax:(212) CRANE CO. Individually and as Successor to PACIFIC VALVES Suzanne Halbardier Esq. BARRY MCTIERNAN & MOORE 2 Rector Street 14th Floor New York, NY (212) fax:(212) DOMCO PRODUCTS TEXAS, INC. 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. Michael Tanenbaum Esq TANENBAUM KEALE LLP One Newark Center 1085 Raymond Boulevard, 16th Street Newark, NJ (973) fax:(973) GENERAL ELECTRIC COMPANY 4 of 13

5 Lawrence Lee Esq Scott Emery Esq. LYNCH DASKAL & EMERY LLP 137 West 25th Street 5th Floor New York, NY (212) fax:(212) GEORGIA PACIFIC LLC. John Fanning Esq. Raghu Bandlamudi Esq. CULLEN AND DYKMAN, LLP 44 Wall Street 15th Floor New York, NY (212) fax:(212) GOULD PUMPS LLC John Howarth Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA (215) fax:(215) KARNAK CORPORATION REYNOLDS METALS COMPANY SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC., Marc Gaffrey Esq. Monica Kostrzewa Esq. Rhonda Steel/Paralegal HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 40 Paterson Street New Brunswick, NJ (732) fax:(732) KOHLER CO. 5 of 13

6 Chris Gannon Esq Kim Reiter/paralegal Steven Rosenblatt Esq Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY (212) fax:(212) MANNINGTON MILLS, INC. WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC Paul Scrudato Esq. Product Group SHProductsGroup@schiffhardin.com SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC. Philip O'Rourke Esq Steven Corbin Esq. LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, 21st Floor New York, NY (212) fax:(212) PEERLESS INDUSTRIES, INC. Joan Gasior Esq RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY (914) fax:(914) PFIZER, INC. (PFIZER) Norman Senior Esq. GREENFIELD, STEIN & SENIOR 600 Third Avenue, 11th Floor New York, NY (212) fax:(212) U.S. RUBBER COMPANY (UNIROYAL) 6 of 13

7 ALLIED BUILDING PRODUCTS CORP. 15 East Union Avenue East Rutherford, NJ DAP, INC. The Prentice-Hall Corporation System Maryland 7 St. Paul Street, Suite 1600 Baltimore, MD H.B. FULLER COMPANY Charles Becker, Esq. Meagher & Geer 4200 Multifoods Tower 33 South Sixth Street 33 South Sixth Street Minneapolis, MN HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX 115 Tabor Road Morris Plains, NJ ITT LLC., Individually and as successor to BELL & GOSSETT and as successor to KENNEDY VALVE MANUFACTURING CO., Inc Westchester Avenue White Plains, NY R.W. BECKETT CORPORATION Center Ridge Road North Ridgeville, OH TACO, INC Cranston Street Cranston, RI TRIANGLE BUILDING PRODUCTS CORP Route 112 Medford, NY of 13

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No: MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, Date Filed: -against- Plaintiff(s), AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., BIRD INCORPORATED, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, CARRIER CORPORATION, CERTAINTEED CORPORATION, CRANE CO. Individually and as Successor to PACIFIC VALVES, DOMCO PRODUCTS TEXAS, INC., FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOULD PUMPS LLC, KARNAK CORPORATION, KOHLER CO., LENNOX INDUSTRIES, INC., MANNINGTON MILLS, INC., OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), REYNOLDS METALS COMPANY, RHEEM MANUFACTURING COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, ALLIED BUILDING PRODUCTS CORP., DAP, INC., H.B. FULLER COMPANY, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, ITT LLC., Individually and as successor to BELL & GOSSETT and as successor to KENNEDY VALVE MANUFACTURING CO., Inc., AMENDED VERIFIED COMPLAINT PLAINTIFF DEMANDS TRIAL BY JURY 8 of 13

9 R.W. BECKETT CORPORATION, TACO, INC., TRIANGLE BUILDING PRODUCTS CORP., Defendants X Plaintiff(s), MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, by their attorneys, WEITZ & LUXENBERG, P.C., for their amended verified complaint respectfully alleges: 2. Defendant ALLIED BUILDING PRODUCTS CORP., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant ALLIED BUILDING PRODUCTS CORP., 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 AMERICAN BILTRITE INC., was and still is a duly organized domestic corporation doing business in the State of New York. 5. Defendant BIRD INCORPORATED, was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant CARRIER CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant CRANE CO. Individually and as Successor to PACIFIC VALVES, was and still is a duly organized domestic corporation doing business in the State of New York. 9 of 13

10 8. Defendant DAP, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 9. Defendant DOMCO PRODUCTS TEXAS, INC., 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 GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 12. Defendant ITT LLC., Individually and as successor to BELL & GOSSETT 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. 13. Defendant KARNAK CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant LENNOX INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant MANNINGTON MILLS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant R.W. BECKETT CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 17. Defendant R.W. BECKETT 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 of 13

11 18. Defendant RHEEM MANUFACTURING COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 19. Defendant SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant TACO, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 21. Defendant TRIANGLE BUILDING PRODUCTS CORP., was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, 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: June 09, 2017 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212) of 13

12 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 supplemental summons and 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: June 09, 2017 New York, New York /S/ CARMEN ST. GEORGE 12 of 13

13 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== MICHAEL N. MARZIGLIANO and SHERRY P. MARZIGLIANO, -against- ALLIED BUILDING PRODUCTS CORP., et. al., Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and 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, June 09, Attorney(s) for 13 of 13