FILED: NEW YORK COUNTY CLERK 08/06/2013 INDEX NO /2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 08/06/2013

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1 FILED: NEW YORK COUNTY CLERK 08/06/2013 INDEX NO /2013 NYSCEF DOC. NO. 55 RECEIVED NYSCEF: 08/06/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X FRANK D. ESPOSITO, Index No.: Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial A.O. SMITH WATER PRODUCTS CO., ABB, INC. as successor in interest to ITE CIRCUIT BREAKERS, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BALDOR ELECTRIC COMPANY, BELL & GOSSETT COMPANY, BLACKMER, BRYANT HEATING & COOLING SYSTEMS, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CATERPILLAR, INC., 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., COLUMBIA BOILER COMPANY OF POTTSTOWN, COMPUDYNE CORPORATION, Individually, and as successor to YORK SHIPLEY, INC., CRANE CO., CRANE CO. Individually and as Successor to PACIFIC VALVES, CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS

2 CUMMINS ENGINE COMPANY, INC., DANA COMPANIES, LLC, DAP, INC., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, EMERSON ELECTRIC CO., Individually and d/b/a ASCO, and as Successor to ASCO VALVE, FEDERAL PACIFIC ELECTRIC COMPANY, 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 subsidiary, CROSBY VALVE, INC., 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, GEORGIA PACIFIC LLC., GOODYEAR CANADA, INC., GOULD ELECTRONICS, INC., GOULDS PUMPS, INC., GRAINGER, GRINNELL LLC, HARRIS CORPORATION, f/k/a HARRIS-INTERTYPE COMPANY, HENRY VOGT MACHINE COMPANY, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC., 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.,, KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, KEELER-DORR-OLIVER BOILER COMPANY,

3 KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., LENNOX INDUSTRIES, INC., LINOTYPE SUPPLY CO., INC., MANNINGTON MILLS, INC., OAKFABCO, INC., OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., RHEEM MANUFACTURING COMPANY, INC., RILEY POWER INC, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN- BRADLEY COMPANY, LLC, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, SLANT/FIN CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, SUPERIOR BOILER WORKS, INC., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, U.S. PLYWOOD CORPORATION, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION, VELAN VALVE CORPORATION, VIKING PUMP, INC., 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., WEYERHAEUSER COMPANY, YARWAY CORPORATION, HEIDELBERG USA, INC., as successor in interest to MERGENTHALER LINOTYPE COMPANY, LINOTYPE-HELL COMPANY, as successor in interest to MERGENTHALER LINOTYPE COMPANY, Defendants X To the above named Defendant(s)

4 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. Dated, August 06, 2013 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)

5 DEFENDANTS' RIDER Joseph La Sala Esq Nancy McDonald Esq. MCELROY, DEUTCH, MULVANEY 1300 Mount Kemble Avenue Morrisontown, NJ (212) fax:(973) A.O. SMITH WATER PRODUCTS CO. EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC. FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN- BRADLEY COMPANY, LLC Bob Malaby Esq Eva Wayne Esq MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY (212) fax:(212) ABB, INC. as successor in interest to ITE CIRCUIT BREAKERS, INC. CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC. John Howarth Esq WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA (215) fax:(215) AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. KARNAK CORPORATION MANNINGTON MILLS, INC.

6 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 DANA COMPANIES, LLC LENNOX INDUSTRIES, INC. UNION CARBIDE CORPORATION Erik DiMarco Esq Julie Evans Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 150 East 42nd Street 23rd Floor New York, NY (212) fax:(212) AMERICAN BILTRITE, INC. BRYANT HEATING & COOLING SYSTEMS BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION CARRIER CORPORATION CLYDE UNION, INC. SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC., Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY (212) fax:(212) ATWOOD & MORRILL COMPANY AURORA PUMP COMPANY COLUMBIA BOILER COMPANY OF POTTSTOWN DAP, INC. THE FAIRBANKS COMPANY

7 Suzanne Halbardier Esq. BARRY MCTIERNAN & MOORE 2 Rector Street 14th Floor New York, NY (212) fax:(212) AZROCK INDUSTRIES, a Division of DOMCO, INC. CLEAVER BROOKS COMPANY, INC. ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP. FULTON BOILER WORKS, INC. UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION Michael Sena Esq HERZFELD & RUBIN, P.C. 125 Broad Street 12th Floor New York, NY (212) fax:(212) BALDOR ELECTRIC COMPANY Geneiveve MacSteel Esq. Philip Goldstein Esq MCGUIRE WOODS, LLP 1345 Avenue of the Americas 7th Floor New York, NY (212) fax:(212) BELL & GOSSETT COMPANY 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., WEYERHAEUSER COMPANY

8 Cynthia Weiss Antonucci Esq. David Kochman Esq. HARRIS BEACH LLP 100 Wall Street 23rd Floor New York, NY (212) fax:(212) BLACKMER Chris Gannon Esq Robert Kenney Esq Steven Rosenblatt Esq Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY (212) fax:(212) BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES BYRON JACKSON PUMPS COMPUDYNE CORPORATION, Individually, and as successor to YORK SHIPLEY, INC. CUMMINS ENGINE COMPANY, INC. GARDNER DENVER, INC. WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC James Skelly Esq MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. 530 Saw Mill River Road Suite 2 Elmsford, NY (914) fax:(914) CATERPILLAR, INC. Michael Tanenbaum Esq SEDGWICK, LLP Three Gateway Center, 12th 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

9 Kirsten Kneis Esq. K & L GATES LLP 599 Lexington ave 32nd Floor New York, NY (212) fax:(212) CRANE CO. SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY WEINMAN PUMP & SUPPLY CO. Lisa Pascarella Esq PASCARELLA DIVITA LINDENBAUM & TOMASZEWSKI, PLLC 2137 Route 35, Suite 290 Holmdel, NJ (732) fax:(732) CRANE CO. Individually and as Successor to PACIFIC VALVES RHEEM MANUFACTURING COMPANY, INC. Cynthia Messemer Esq George Hodges Esq HODGES WALSH & SLATER, LLP 55 Church St Suite 211 White Plains, NY (914) fax:(914) ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY Christopher Hannan Esq KELLEY, JASONS, MCGOWAN, SPINELLI & HANNA, LLP Two Liberty Place, Suite South 16th Street Philadelphia, PA (212) fax:(212) FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC. FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES

10 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. Scott Emery Esq. LYNCH DASKAL & EMERY LLP 264 West 40TH Street 18th Floor New York, NY (212) fax:(212) GEORGIA PACIFIC LLC. GOODYEAR CANADA, INC. THE GOODYEAR TIRE AND RUBBER COMPANY Steve Weiner Esq Steven Weiner Esq O'TOOLE FERNANDEZ WEINER VAN LIEU, LLC 60 Pompton Avenue Second Fl Verona, NJ (973) fax:(973) GOULD ELECTRONICS, 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.

11 Richard Menchini Esq O'HARE PARNAGIAN LLP 82 Wall Street Suite 300 New York, NY (212) fax:(212) HARRIS CORPORATION, f/k/a HARRIS-INTERTYPE COMPANY Thomas Rhatigan Esq. COSTELLO, SHEA & GAFFNEY, LLP 44 Wall Street 11th Floor New York, NY (212) fax:(212) HENRY VOGT MACHINE COMPANY 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 Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue 17th Floor New York, NY (212) fax:(212) IMO INDUSTRIES, INC. WARREN PUMPS, LLC KAREN CAMPBELL ESQ. Philip O'Rourke Esq LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, 21st Floor New York, NY (212) fax:(212) KAISER GYPSUM COMPANY, INC. PEERLESS INDUSTRIES, INC.

12 Richard Marin Esq. MARIN GOODMAN, LLP 500 Mamaroneck Ave Suite 501 Harrison, NY (212) fax:(212) KEELER-DORR-OLIVER BOILER COMPANY Marc Gaffrey Esq. Monica Kostrzewa Esq. Shzia Chaudhri de Wit Esq. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 40 Paterson Street New Brunswick, NJ (732) fax:(732) KOHLER CO. Mark Hsu Esq HAWKINS PARNELL THACKSTON & YOUNG LLP - NYC OFFICE 90 Broad Street 9th Floor New York, NY (855) fax:(855) OAKFABCO, INC. 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

13 Sean Kelly Esq. Sebastian Goldstein Esq. MARKS O'NEIL O'BRIEN & COURTNEY PC Cooper River West, Suite North Park Drive Pennsauken, NJ SUPERIOR BOILER WORKS, INC. Patrick Dwyer Esq. SMITH, STRATTON, WISE, HEHER & BRENNAN 2 Research Way Princeton, NJ (609) fax:(609) THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION) Lawrence D Aloise Esq CLARK, GAGLIARDI & MILLER, P.C. 99 Court Street Suite 100 White Plains, NY (914) fax:(914) U.S. PLYWOOD CORPORATION Norman Senoir Esq. GREENFIELD, STEIN & SENOIR 600 Third Avenue, 11th Floor New York, NY U.S. RUBBER COMPANY (UNIROYAL) Thomas Toman Esq FORMAN PERRY WATKINS KRUTZ & TARDY LLP 328 Newman Springs Road Red Bank, NJ (732) fax:(732) VELAN VALVE CORPORATION Mark Nemeth Esq. FELDMAN, KIEFER & HERMAN LLP The Dunn Building 110 Pearl Street - Suite 440 Buffalo, NY (716) fax:(716) VIKING PUMP, INC.

14 HEIDELBERG USA, INC., as successor in interest to MERGENTHALER LINOTYPE COMPANY CT Corporation System 111 Eighth Avenue New York, NY LINOTYPE-HELL COMPANY, as successor in interest to MERGENTHALER LINOTYPE COMPANY CT Corporation 111 Eighth Avenue New York, NY 10011

15 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No: FRANK D. ESPOSITO, Date Filed: -against- Plaintiff(s), A.O. SMITH WATER PRODUCTS CO., ABB, INC. as successor in interest to ITE CIRCUIT BREAKERS, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE, INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BALDOR ELECTRIC COMPANY, BELL & GOSSETT COMPANY, BLACKMER, BRYANT HEATING & COOLING SYSTEMS, BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CATERPILLAR, INC., 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., COLUMBIA BOILER COMPANY OF POTTSTOWN, COMPUDYNE CORPORATION, Individually, and as successor to YORK SHIPLEY, INC., CRANE CO., CRANE CO. Individually and as Successor to PACIFIC VALVES, CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., CUMMINS ENGINE COMPANY, INC., DANA COMPANIES, LLC, DAP, INC., EATON CORPORATION, as successor -in-interest to SECOND AMENDED VERIFIED COMPLAINT

16 CUTLER-HAMMER, INC., ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, EMERSON ELECTRIC CO., Individually and d/b/a ASCO, and as Successor to ASCO VALVE, FEDERAL PACIFIC ELECTRIC COMPANY, 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 subsidiary, CROSBY VALVE, INC., 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, GEORGIA PACIFIC LLC., GOODYEAR CANADA, INC., GOULD ELECTRONICS, INC., GOULDS PUMPS, INC., GRAINGER, GRINNELL LLC, HARRIS CORPORATION, f/k/a HARRIS-INTERTYPE COMPANY, HENRY VOGT MACHINE COMPANY, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC., 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.,, KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., LENNOX INDUSTRIES, INC., LINOTYPE SUPPLY CO., INC., MANNINGTON MILLS, INC., OAKFABCO, INC., OWENS-ILLINOIS, INC.,

17 PEERLESS INDUSTRIES, INC., RHEEM MANUFACTURING COMPANY, INC., RILEY POWER INC, ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN- BRADLEY COMPANY, LLC, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, SLANT/FIN CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, SUPERIOR BOILER WORKS, INC., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, U.S. PLYWOOD CORPORATION, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION, VELAN VALVE CORPORATION, VIKING PUMP, INC., 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., WEYERHAEUSER COMPANY, YARWAY CORPORATION, HEIDELBERG USA, INC., as successor in interest to MERGENTHALER LINOTYPE COMPANY, LINOTYPE-HELL COMPANY, as successor in interest to MERGENTHALER LINOTYPE COMPANY, Defendants X Plaintiff(s), FRANK D. ESPOSITO, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), FRANK D. ESPOSITO, by their attorneys, WEITZ & LUXENBERG, P.C., for their second amended verified complaint respectfully alleges:

18 2. Defendant ABB, INC. as successor in interest to ITE CIRCUIT BREAKERS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant AIR & LIQUID SYSTEMS CORPORATION, as successorby-merger to BUFFALO PUMPS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 4. Defendant AMERICAN BILTRITE, INC., was and still is a duly 5. Defendant ATWOOD & MORRILL COMPANY, was and still is a duly 6. Defendant AURORA PUMP COMPANY, was and still is a duly 7. Defendant AZROCK INDUSTRIES, a Division of DOMCO, INC., was and still is a duly 8. Defendant AZROCK INDUSTRIES, a Division of DOMCO, 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. 9. Defendant BALDOR ELECTRIC COMPANY, was and still is a duly 10. Defendant BALDOR ELECTRIC 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. 11. Defendant BELL & GOSSETT COMPANY, was and still is a duly

19 12. Defendant BLACKMER, was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant BRYANT HEATING & COOLING SYSTEMS, was and still is a duly 14. Defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, was and still is a duly 15. Defendant BYRON JACKSON PUMPS, was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant CARRIER CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 17. Defendant CLYDE UNION, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant COLUMBIA BOILER COMPANY OF POTTSTOWN, was and still is a duly 19. Defendant COMPUDYNE CORPORATION, Individually, and as successor to YORK SHIPLEY, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 20. 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. 21. Defendant CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., was and still is a duly 22. Defendant DAP, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

20 23. Defendant EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 24. Defendant ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP., was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, was and still is a duly organized domestic corporation doing business in the State of New York. 26. Defendant EMERSON ELECTRIC CO., Individually and d/b/a ASCO, and as Successor to ASCO VALVE, was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant EMERSON ELECTRIC CO., Individually and d/b/a ASCO, and as Successor to ASCO VALVE, 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. 28. Defendant FEDERAL PACIFIC ELECTRIC COMPANY, was and still is a duly 29. 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. 30. Defendant FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

21 31. 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. 32. 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. 33. Defendant GARDNER DENVER, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 34. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 35. Defendant GOULD ELECTRONICS, INC., was and still is a duly 36. Defendant GRAINGER, was and still is a duly organized domestic corporation doing business in the State of New York. 37. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 38. Defendant HARRIS CORPORATION, f/k/a HARRIS-INTERTYPE COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 39. Defendant HARRIS CORPORATION, f/k/a HARRIS-INTERTYPE 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.

22 40. Defendant HEIDELBERG USA, INC., as successor in interest to MERGENTHALER LINOTYPE COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 41. Defendant HENRY VOGT MACHINE COMPANY, was and still is a duly 42. Defendant IMO INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 43. 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. 44. 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. 45. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly 46. Defendant KARNAK CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 47. Defendant KENNEDY VALVE MANUFACTURING Co., Inc., was and still is a duly 48. Defendant LENNOX INDUSTRIES, INC., was and still is a duly 49. Defendant LINOTYPE SUPPLY CO., INC., was and still is a duly

23 50. Defendant LINOTYPE-HELL COMPANY, as successor in interest to MERGENTHALER LINOTYPE COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 51. Defendant LINOTYPE-HELL COMPANY, as successor in interest to MERGENTHALER LINOTYPE 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. 52. Defendant MANNINGTON MILLS, INC., was and still is a duly 53. Defendant RHEEM MANUFACTURING COMPANY, INC., was and still is a duly 54. Defendant ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN- BRADLEY COMPANY, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 55. Defendant SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 56. 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. 57. Defendant SLANT/FIN CORPORATION, was and still is a duly 58. 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.

24 59. Defendant SUPERIOR BOILER WORKS, INC., was and still is a duly 60. Defendant SUPERIOR BOILER WORKS, 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. 61. Defendant THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), was and still is a duly organized domestic corporation doing business in the State of New York. 62. Defendant THE FAIRBANKS COMPANY, was and still is a duly 63. Defendant U.S. PLYWOOD CORPORATION, was and still is a duly 64. 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. 65. Defendant VELAN VALVE CORPORATION, was and still is a duly 66. Defendant VIKING PUMP, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 67. Defendant WARREN PUMPS, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 68. Defendant WEINMAN PUMP & SUPPLY CO., was and still is a duly 69. Defendant WEYERHAEUSER COMPANY, was and still is a duly

25 70. Defendant YARWAY CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), FRANK D. ESPOSITO, 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: August 06, 2013 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212)

26 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: August 06, 2013 New York, New York /S/ PATTI BURSHTYN

27 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== FRANK D. ESPOSITO, -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, August 06, Attorney(s) for