FILED: NEW YORK COUNTY CLERK 09/18/ :35 PM INDEX NO /2014 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 09/18/2014

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1 FILED: NEW YORK COUNTY CLERK 09/18/ :35 PM INDEX NO /2014 NYSCEF DOC. NO. 92 RECEIVED NYSCEF: 09/18/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE : NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO:. JOAN BARBARINO, individually and as Executrix of the Estate of ROY BARBARINO, deceased, Plaintiff, Index No. : /2014 THIRD AMENDED VERIFIED COMPLAINT -against- BASF CATALYSTS LLC; BORGWARNER MORSE TEC INC.; BRIDGESTONE AMERICAS INC.; CARLISLE COMPANIES INC.; CATERPILLAR INC.; CERTAINTEED CORP.; CUMMINS INC. (f/k/a Cummins Engine Co. Inc.); DANA COMPANIES LLC; DAIMLER BUSES NORTH AMERICA INC. ( individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America); EATON CORP.; GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.); GENERAL ELECTRIC CO.; GEORGIA-PACIFIC LLC; GILLIG CORP.; GKN ROCKFORD INC.; GOODRICH AEROSTRUCTURES GROUP (individually, doing business as and as successor to Rohr Inc. and Flxible Co.); GOODRICH CORP.; HENNESSY INDUSTRIES INC.; HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.); KELSEY-HAYES CO.; LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.; LlPE AUTOMATION CORP. (f/k/a Lipe-Rollway Corp.); MACK TRUCKS INC.; MAREMONT CORP.;

2 MERITOR INC. (individually and as successor to Rockwell International Corp.); MILLENNIUM TRANSIT SERVICES LLC; MOTOR COACH INDUSTRIES INTERNATIONAL INC. (individually, doing business as and as successor to Motor Coach Industries Inc. and Rapid Transit Series); NMBFIL INC. (f/k/a Bondo Corp.); NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flxible Co.); PERGAMENT HOME CENTERS INC.; PREVOST CAR (US) INC. (d/b/a Prevost Bus); PNEUMO-ABEX LLC (individually and as successor to Abex Corp.); ROCKWELL AUTOMATION INC.; ROHR INC. (individually, doing business as and as successor to Flxible Co.); ROLLS-ROYCE CORP. (as successor to Allison Engine Co.); THE GOODYEAR TIRE & RUBBER CO.; UNION CARBIDE CORP.; BOSTIK INC.; INDUSTRIAL HOLDINGS (f/k/a The Carborundum Co.); SAINT-GOBAIN ABRASIVES INC.; ALLISON TRANSMISSION INC.; ALLISON TRANSMISSION HOLDINGS INC.; DETROIT DIESEL CORP., Defendants.

3 Plaintiff, JOAN BARBARINO, individually and as Executrix of the Estate of ROY BARBARINO, deceased, by and through her attorneys, THE LANIER LAW FIRM PLLC, upon information and belief, allege at all times hereinafter mentioned as follows: 1. Plaintiff, JOAN BARBARINO, was the lawful spouse of ROY BARBARINO and is the Executrix of his Estate. JOAN BARBARINO is a resident of North Bellmore, New York. 2. Plaintiff's decedent, ROY BARBARINO, was a resident of North Bellmore, New York. 3. Defendant BASF CATALYSTS LLC was and still is a duly organized corporation doing business 4. Defendant BORGWARNER MORSE TEC INC. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 5. Defendant BRIDGESTONE AMERICAS INC. was and still is a duly organized corporation doing its acts 6. Defendant CARLISLE COMPANIES INC. was and still is a duly organized corporation doing its acts 7. Defendant CATERPILLAR INC. was and still is a duly organized corporation doing business

4 8. Defendant CERTAINTEED CORP. was and still is a duly organized corporation doing business 9. Defendant CUMMINS INC. (f/k/a Cummins Engine Co. Inc.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 10. Defendant DANA COMPANIES LLC. was and still is a duly organized corporation doing its acts 11. Defendant DAIMLER BUSES NORTH AMERICA INC. (individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 12. Defendant EATON CORP. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 13. Defendant GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have

5 ----_._ Defendant GENERAL ELECTRIC CO. was and still is a duly organized corporation doing its acts 15. Defendant GEORGIA-PACIFIC LLC was and still is a duly organized corporation doing business 16. Defendant GILLIG CORP. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 17. Defendant GKN ROCKFORD INC. (individually, d/b/a and as successor to Kewanee Boiler Corp.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 18. Defendant GOODRICH AEROSTRUCTURES GROUP (individually, doing business as and as successor to Rohr Inc. and Flxible Co.) was and still is a duly organized corporation doing its acts 19. Defendant GOODRICH CORP. was and still is a duly organized corporation doing business 20. Defendant HENNESSY INDUSTRIES INC. was and still is a duly organized corporation doing its acts

6 21. Defendant HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 22. Defendant KELSEY-HAYES CO. was and still is a duly organized corporation doing business 23. Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 24. Defendant L1PE AUTOMATION CORP. (f/k/a Lipe-Rollway Corp.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 25. Defendant MACK TRUCKS INC. was and still is a duly organized corporation doing business 26. Defendant MAREMONT CORP. was and still is a duly organized corporation doing business 27. Defendant MERITOR INC. (individually and as successor to Rockwell International Corp.) was and still is a duly organized 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.

7 28. Defendant MILLENNIUM TRANSIT SERVICES LLC was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 29. Defendant MOTOR COACH INDUSTRIES INTERNATIONAL INC. (individually, doing business as and as successor to Motor Coach Industries Inc. and Rapid Transit Series) was and still is a duly organized 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. 30. Defendant NMBFIL INC. (f/k/a Bondo Corp.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 31. Defendant NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flexible Co.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have 32. Defendant PERGAMENT HOME CENTERS INC. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 33. Defendant PREVOST CAR (US) INC. (d/b/a Prevost Bus) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts

8 34. Defendant PNEUMO-ABEX LLC (individually and as successor to Abex Corp.) was and still is a duly organized 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. 35. Defendant ROCKWELL AUTOMATION INC. was and still is a duly organized corporation doing its acts 36. Defendant ROHR INC. (individually, doing business as and as successor to Flxible Co.)was and still is a duly organized 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. 37. Defendant ROLLS-ROYCE CORP. (as successor to Allison Engine Co.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 38. Defendant THE GOODYEAR TIRE & RUBBER CO. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 39. Defendant UNION CARBIDE CORP. was and still is a duly organized corporation doing its acts 40. Defendant BOSTIK INC. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have

9 41. Defendant INDUSTRIAL HOLDINGS (f/k/a The Carborundum Co.) was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 42. Defendant SAINT-GOBAIN ABRASIVES INC. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 43. Defendant ALLISON TRANSMISSION INC. was and still is a duly organized corporation doing its acts 44. Defendant ALLISON TRANSMISSION HOLDINGS INC. was and still is a duly organized corporation doing business and/or transacting business in the State of New York and/or should have expected its acts 45. Defendant DETROIT DIESEL CORP. was and still is a duly organized corporation doing its acts 46. Plaintiff repeats and re -alleges THE LANIER LAW FIRM PLLC STANDARD ASBESTOS COMPLAINT FOR WRONGFUL DEATH No. 2 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption Dated: September 18, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) 126 East 56 t h Street, 6 th Floor New York, New York Tel. : (212)

10 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 LANIER LAW FIRM PLLC, counsel for the Plaintiff/s in the within action; deponent has read the foregoing Third 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 same to be true. This verification is made by deponent and not by Plaintiff/s, because Plaintiff/s reside/s outside of the County of New York, where the deponent maintains his office. Dated: September 18, 2014 New York, New York ~ DARRON E. B ST, E.

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE : NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: Index No.: /2014 JOAN BARBARINO, individually and as Executrix of the Estate of ROY BARBARINO, deceased, CERTIFICATION Plaintiff, -against- BASF CATALYSTS LLC, et al., Defendants. DARRON E. BERQUIST, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, hereby certifies, in accordance with 22 NYCRR Part a of the Rules of the Chief Administrator, that to the best of my knowledge, information and belief, which was formed after a reasonable inquiry under the circumstances, the presentation of the foregoing Third Amended Verified Complaint and its contents are not frivolous, as the term is defined in Part 130. Dated: September 18, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) 126 East 56 th Street, 6 th Floor New York, New York Tel.: (212)

12 i ~ FACE OF DOCUMENT CONTAINS A MULTICOLORED VOID PANTOGRAPH AND MICROPRINT BORDER. THIS DOCUMENT ALSO HAS.. invisible FLUORESCENT-FIBERS, ARTiFICL\L WATERMA-RK ON BACK, AND A CHEMICAL REAcffvE VOID FEA'ruRE. -- IC2Q(R~v.l!07) I'~.";,,;"" --/< '';.;~~'.'......,.....'."..,...,... Certifi~ate# I ';,.. " ~i,.. 5.vt~~ga~~:sc~:~:~ t~:~:e()fnewyork File#: ~~Hk.cate of Appointment of ExecUtor! 'c,' ""'...'.". '",.... ", rrrl,q;h;~rgby'ge'r;tjfied'!hat Lettersf9rjheEstateiofth [?eced~ntnamed~elow have been granted by I thisi_courtj,and,sughletters{~re unr~v0~ed_, ~refv~i!<:la,j1~fareinjull force as of this date. I -,, f,fi~~i Decede'Att~~rt,~~;b~ri;;~ I Date of Death: -;-~P~i( I Ddrrtih;le:i~~?adGou\fty I~ i~~j <y Appon,redi l~;i~g~~ari;,.,,"! North Bellmo~erNY I ;:; '-~1j'- I r I I" ""etters Issued: 1;;rSlssUed()n: 'i., I a~ ~\.I,,~L~\lelsare"nre:~;f{,«~;~~ in full for"" as o/this date. I DatEi'cJ: J~IY29,2014;<;'. IN TESTIMONY'WHEREOF, the seal ofthe Nassau [W ~~:~=~:~:::::::l::::::: :~:C:::~;I' Judge of!the f" I I~f I I I~ I ::.--"! I I~ I l, ;,., Nassau County Surrogate's Court. MichaelJ Murphy, Chief Clerk Nassau County Surrogate's Court Thls~Certificateis. Not Valid Without the Raised Seal of the Nassau County Surrogate's Court and expires 6 months from the issue date of this certificate, unless otherwise stated above.