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

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1 FILED: NEW YORK COUNTY CLERK 06/30/ :58 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/30/2015 THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L.

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X RANDY C. SCHWARTZ, Index No.: Date Filed: 06/30/2015 -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., SUMMONS ATWOOD & MORRILL CO., INC., AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC. 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, ELECTROLUX HOME PRODUCTS, INC. Individually, and as successor to TAPPAN AND COPES-VULCAN, EMPIRE-ACE INSULATION MFG. CORP., 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,

3 Individually and as successor through acquisition of CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY and COFFIN and PEERLESS PUMP 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, HENNESSY INDUSTRIES, INC., HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, ITT CORPORATION, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., J-M MANUFACTURING COMPANY INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, KELLY-MOORE PAINT COMPANY, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION NIBCO 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, VELAN VALVE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY Defendants, X To the above named Defendant(s) You are hereby summoned to answer the 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

4 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, 06/30/2015 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)

5 A.O. SMITH WATER PRODUCTS INC West Park Place Milwaukee, WI AERCO INTERNATIONAL 100 Oritani Drive Blauvelt, NY DEFENDANTS RIDER AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., 874 Oliver Street N. Tonawanda, NY ATWOOD & MORRILL CO. INC. C/o Secretary of State Albany, NY AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC. 333 W. Wacker Drive #1700 Chicago, IL BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., 200 South Michigan Avenue Chicago, IL BURNHAM LLC, Individually, and as successor to BURNHAM CORPORATION 1239 Harrisburg Pike Lancaster, PA 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 ND Street New York, NY 10019

6 CERTAIN TEED CORPORATION CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC I Street Philadelphia, PA DAP PRODUCTS, INC Boston Street, Suite 200 Baltimore, MD DURO DYNE CORPORATION, 81 Spence Street Bayshore, NY ELECTROLUX HOME PRODUCTS, INC. Individually, and as successor to TAPPAN AND COPES-VULCAN Emerald Parkway Cleveland, OH EMPIRE-ACE INSULATION MFG. CORP. C/o Secretary of State 41 State Street Albany, NY FLOWSERVE US, INC., Solely as Successor to ROCKWELL MANUFACTURING COMPANY, EDWARD VALVE, INC., NORDSTROM VALVES, INC., EDWARD VOGT VALVE COMPANY, and VOGT VALVE COMPANY 101 Federal Street Boston, MA FMC CORPORATION, Individually and as successor through acquisition of CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY and COFFIN and PEERLESS PUMP COMPANY 1735 Market Street Philadelphia, PA 19103

7 FOSTER WHEELER CORPORATION Route 173 at Frontage Road Clinton, NJ GATES CORPORATION GENERAL ELECTRIC COMPANY Electric Insurance Company 75 Sam Fonzo Drive Beverly, MA GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY GOULDS PUMPS, INC. 240 Fall Street Seneca Falls, NY GRINNELL LLC HENNESSY INDUSTRIES, INC., The Corporation Trust Company 1209 Orange Street Wilmington, DE HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/BENDIX 101 Columbia Road and Park Avenue Morristown, NJ IMO INDUSTRIES, INC., IBIS Plaza 3525 Quakerbridge Road Suite 912 Hamilton, NJ INGERSOLL-RAND COMPANY

8 ITT CORPORATION ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING Co., INC., J-M MANUFACTURING COMPANY INC. CSC Lawyers Incorporation System 2730 Gateway Oaks Drive, Suite 100 Sacramento, CA KAISER GYPSUM COMPANY, INC., TRMI 301 Grant Street Suite 3000 One Oxford Centre Pittsburgh, PA KARNAK CORPORATION 330 Central Avenue Clark, NJ KELLY-MOORE PAINT COMPANY, INC., 987 Commercial Street San Carlos, CA ~and~ 345 California Street #2850 San Francisco, CA NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION 2999 Circle 75 Parkway Atlanta, GA ~and~ C/o Secretary of State 41 State Street Albany, NY NIBCO INC. 111 Eighth Avenue

9 ~and~ 1516 Middlebury St Elkhart, IN OWENS-ILLINOIS, INC. One Michael Owens Way Perrysburg, OH PECORA CORPORATION, 165 Wambold Road Harleysville, PA PEERLESS INDUSTRIES INC., LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street Suite 2100 New York, NY SLANT/FIN CORPORATION 100 Forest Drive at East Hills Greenvale, NY THE FAIRBANKS COMPANY (GA) 1201 Peachtree Street NE Atlanta, GA THE SHERWIN-WILLIAMS COMPANY, Corporation Service Company 50 W. Broad Street, Suite 1800 Columbus, OH ~and~ 101 Prospect Avenue NW Cleveland, OH TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION C/o 111 Eighth Avenue UNION CARBIDE CORPORATION nue

10 VELAN VALVE CORPORATION C/o Corporation Service Company 80 State Street Albany, NY WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY 500 Blaine Street Michigan City, IN ~and~ 1315 Ballantyne Corporate Place Charlotte, NC 28277

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X RANDY C. SCHWARTZ, Index No.: Date Filed: 06/30/2015 -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial A.O. SMITH WATER PRODUCTS INC., AERCO INTERNATIONAL, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., ATWOOD & MORRILL CO., INC., AVOCET ENTERPRISES, INC., f/k/a VENTFABRICS, INC. 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, ELECTROLUX HOME PRODUCTS, INC. Individually, and as successor to TAPPAN AND COPES-VULCAN, EMPIRE-ACE INSULATION MFG. CORP., 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, Individually and as successor through acquisition of The Basis of Venue is Defendants Place of Business VERIFIED COMPLAINT

12 CHICAGO PUMP COMPANY, NORTHERN PUMP COMPANY and COFFIN and PEERLESS PUMP 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, HENNESSY INDUSTRIES, INC., HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., INGERSOLL-RAND COMPANY, ITT CORPORATION, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., J-M MANUFACTURING COMPANY INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, KELLY-MOORE PAINT COMPANY, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION NIBCO 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, VELAN VALVE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY Defendants, X Plaintiff(s), RANDY C. SCHWARTZ, by their attorneys THE WILLIAMS LAW FIRM, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows:

13 1. Plaintiff(s), RANDY C. SCHWARTZ, by their attorneys, THE WILLIAMS LAW FIRM, P.C., for their verified complaint respectfully alleges: Plaintiff(s), RANDY C. SCHWARTZ, repeats and realleges NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY 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 HENNESSY INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant HENNESSY INDUSTRIES, 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. 8. Defendant KELLY-MOORE PAINT COMPANY, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

14 9. Defendant KELLY-MOORE PAINT COMPANY, 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. 10. Defendant NIBCO INC., was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant NIBCO 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. 12. Defendant PECORA CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 13. 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. 14. Defendant THE SHERWIN-WILLIAMS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 15. 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. Dated: 06/30/2015 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)

15 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 summons and 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: 06/30/2015 New York, New York /S/ JOSEPH P. WILLIAMS