FILED: NEW YORK COUNTY CLERK 09/02/ :58 PM INDEX NO /2014 NYSCEF DOC. NO. 828 RECEIVED NYSCEF: 09/02/2016 EXHIBIT 16

Transcription

1 FILED: NEW YORK COUNTY CLERK 09/02/ :58 PM INDEX NO /2014 NYSCEF DOC. NO. 828 RECEIVED NYSCEF: 09/02/2016 EXHIBIT 16

2 FILED: NEW YORK COUNTY CLERK 09/22/ :54 PM INDEX NO /2014 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/22/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: GASPAR HERNANDEZ, -against- Plaintiff, AIR & LIQUID SYSTEMS CORP., et a/., Defendants. Index No.: '/2014 Date Filed: 09/22/2014 SUMMONS Plaintiffs Designate NEW YORK COUNTY as the Place of Trial The Basis of Venue is Defendants' Place of Business See Attached Full Caption Rider TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the 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 Plaintiffs' attorney 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). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: September 22, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for P/aintiff(s) 126 E. 56 th Street New York, NY Tel.: (212) By I Defendants' Addresses: (See Attached Service Rider and Full Caption Rider)

3 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 GASPAR HERNANDEZ, FULL CAPTION RIDER Plaintiff, -against- AIR & LIQUID SYSTEMS CORP. (as successor to Buffalo Pumps Inc.); AMERON INTERNATIONAL CORP.; AMETEK INC. (individually and as successor to Haveg Industries Inc., successor-by-merger to Haveg Corp.); AMPCO PUMPS COMPANY INC.; ARMSTRONG INTERNATIONAL INC.; BORGWARNER MORSE TEC INC. (as successor to BorgWarner Corp.); BW/IP INTERNATIONAL INC. (f/k/a BorgWarner Industrial Products Inc., a former subsidiary of and successor to BorgWarner Corp. and Byron Jackson Pumps); CBS CORP. (a Delaware Corporation, f/k/a Viacom Inc., successor by merger to CBS Corp., a Pennsylvania Corporation, f/k/a Westinghouse Electric Corp.); CERTAINTEED CORP.; CHAMPLAIN CABLE CORP.; CHEVRON CORP.; CHEVRON PHILLIPS CHEMICAL COMPANY LP; CHEVRON PHILLIPS CHEMICAL COMPANY LLC; CONOCOPHILLIPS CO. (f/k/a Phillips Petroleum Co.); COURTER & CO. INC.; CRANE CO. (individually and as successor to Jenkins Valves and Pacific Valves); CRANE PUMPS & SYSTEMS INC.; CROWN, CORK & SEAL USA INC.; EMERSON PROCESS MANAGEMENT POWER & WATER SOLUTIONS INC.; FISHER CONTROLS INTERNATIONAL LLC;

4 FLOWSERVE US INC. (individually and as successor to Rockwell Manufacturing Co., Edward Valves Inc., Nordstrom Valves Inc., Edward Vogt Valve Co. and BW/IP International Inc.); FMC CORP.; FORD MOTOR CO.; FOSTER WHEELER LLC; GENERAL ELECTRIC CO.; GOULDS PUMPS INC.; GRINNELL CORP.; HONEYWELL INC.; HONEYWELL INTERNATIONAL INC. (f/k/a Allied Signal Inc., as successor to Bendix Corp.); IMO INDUSTRIES INC.; ITT CORP.; OWENS-ILLINOIS INC.; PHILLIPS 66 CO.; ROCKWELL AUTOMATION INC. (individually and as successor to Rockwell Manufacturing Co. and Edward Valves); UNION CARBIDE CORP.; WATTS WATERS TECHNOLOGIES INC., Defendants.

5 SERVICE RIDER DEFENDANT SERVICE ADDRESS AIR & LIQUID SYSTEMS CORP. (as successor to Via New York Secretary of State (BCL 306) Buffalo Pumps Inc.} AMERON INTERNATIONAL CORP. Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE AMETEK INC. (individually and as successor to Via New York Secretary of State (BCL 306) (DOS Haveg Industries Inc., successor-by-merger to # ) Haveg Corp.} Ametek Inc Cassatt Rd Cassatt Rd. Berwyn, PA Berwyn, PA AMPCO PUMPS COMPANY INC. Via New York Secretary of State (BCL 307) 2045 W. Mill Rd. With Further Registered Mail Service Upon: Glendale, WI John M. Silseth 322 E Michigan St. #501 Milwaukee, WI AND- Ampco Pump Co. Inc W. Mill Rd. Glendale, WI ARMSTRONG INTERNATIONAL INC. Via New York Secretary of State (BCL 307) 816 Maple St. With Further Registered Mail Service Upon: Three Rivers, MI49093 Armstrong International Inc. 816 Maple St. Three Rivers, MI49093 BORGWARNER MORSE TEC INC. (as successor to BorgWarner Corp.) BW/IP INTERNATIONAL INC. (f/k/a BorgWarner Via New York Secretary of State (BCL 307) Industrial Products Inc., a former subsidiary of With Further Registered Mail Service Upon: and successor to BorgWarner Corp. and Byron 200 South Michigan Avenue Jackson Pumps} Chicago, IL AND- BW/IP International Inc. 200 Oceangate Long Beach, CA CBS CORP. (a Delaware Corporation, f/k/a CBS Corp. Viacom Inc., successor by merger to CBS Corp., 51 W. 52nd St. a Pennsylvania Corporation, f/k/a New York, NY 10019

6 Westinghouse Electric Corp.) 51 W. 52nd St. New York, NY CERTAINTEED CORP. CHAMPLAIN CABLE CORP. Via New York Secretary of State (BeL 307) 175 Hercules Drive With Further Registered Mail Service Upon: Colchester, VT Tim Lizotte Champlain Cable Corp. 175 Hercules Drive Colchester, VT AND- Corporation Service Co Centerville Rd., Ste. 400 Wilmington, DE CHEVRON CORP. Via New York Secretary of State (BeL 307) 6001 Bollinger Canyon Rd. With Further Registered Mail Service Upon: San Ramon, CA The Prentice-Hall Corporation System Inc Centerville Rd., Ste. 400 Wilmington, DE AND- Chevron Corp Bollinger Canyon Rd. San Ramon, CA CHEVRON PHILLIPS CHEMICAL COMPANY LP CHEVRON PHILLIPS CHEMICAL COMPANY LLC CONOCOPHILLIPS CO. (f/k/a Phillips Petroleum Via New York Secretary of State (BeL 306) Co.) COURTER & CO. INC. Via New York Secretary of State (BCL 306) -AND- Kerryann M. Cook, Esq. McGivney & Kluger PC 80 Broad St., 23rd FI. New York, NY CRANE CO. (individually and as successor to Via New York Secretary of State (BeL 307) Jenkins Valves and Pacific Valves) With Further Registered Mail Service Upon: 100 First Stamford Place Crane Co. Stamford, CT First Stamford Place Stamford, CT 06902

7 CRANE PUMPS & SYSTEMS INC. Via New York Secretary of State (BCL 307) With Further Registered Mail Service Upon: The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE CROWN, CORK & SEAL USA INC. EMERSON PROCESS MANAGEMENT POWER & WATER SOLUTIONS FISHER CONTROLS INTERNATIONAL LLC Via New York Secretary of State (LLCL 304) With Further Registered Mail Service Upon: The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE FLOWSERVE US INC. (individually and as successor to Rockwell Manufacturing Co., Edward Valves Inc., Nordstrom Valves Inc., Edward Vogt Valve Co. and BW/IP International Inc.) FMC CORP. FORD MOTOR CO. 111 Eighth Avenue FOSTER WHEELER LLC Via New York Secretary of State (LLCL 304) With Further Registered Mail Service Upon: The Corporation Trust Co. Corporation Trust Center 1209 Orange Street Wilmington, DE GENERAL ELECTRIC CO. Via New York Secretary of State (BCL 306) 3135 Easton Tpke. Fairfield, CT GOULDS PUMPS INC. Goulds Pumps, Inc. 240 Seneca Fall Street 240 Seneca Fall Street Seneca Falls, NY Seneca Falls, NY GRINNELL CORP. HONEYWELL INC. Via New York Secretary of State (BCL 307)

8 101 Columbia Rd. With Further Registered Mail Service Upon: Morristown, NJ Honeywell Inc. 101 Columbia Rd. Morristown, NJ HONEYWELL INTERNATIONAL INC. (f/k/a Allied Via New York Secretary of State (BCL 306) Signal Inc., as successor to Bendix Corp.) IMO INDUSTRIES INC. ITT CORP. OWENS-ILLINOIS INC. PHILLIPS 66 CO. Via New York Secretary of State (BCL 306) ROCKWELL AUTOMATION INC. (individually and as successor to Rockwell Manufacturing Co. and Edward Valves) UNION CARBIDE CORP. WATTS WATERS TECHNOLOGIES INC.

9 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION GASPAR HERNANDEZ, Index No.: 190 /2014 Plaintiff, -against- VERIFIED COMPLAINT AIR & LIQUID SYSTEMS CORP. (as successor to Buffalo Pumps Inc.); AMERON INTERNATIONAL CORP.; AMETEK INC. (individually and as successor to Haveg Industries Inc., successor-by-merger to Haveg Corp.); AMPCO PUMPS COMPANY INC.; ARMSTRONG INTERNATIONAL INC.; BORGWARNER MORSE TEC INC. (as successor to BorgWarner Corp.); BW/IPINTERNATIONAL INC. (f/k/a BorgWarner Industrial Products Inc., a former subsidiary of and successor to BorgWarner Corp. and Byron Jackson Pumps); CBS CORP. (a Delaware Corporation, f/k/a Viacom Inc., successor by merger to CBS Corp., a Pennsylvania Corporation, f/k/a Westinghouse Electric Corp.); CERTAINTEED CORP.; CHAMPLAIN CABLE CORP.; CHEVRON CORP.; CHEVRON PHILLIPS CHEMICAL COMPANY LP; CHEVRON PHILLIPS CHEMICAL COMPANY LLC; CONOCOPHILLIPS CO. (f/k/a Phillips Petroleum Co.); COURTER & CO. INC.; CRANE CO. (individually and as successor to Jenkins Valves and Pacific Valves); CRANE PUMPS & SYSTEMS INC.; CROWN, CORK & SEAL USA INC.; EMERSON PROCESS MANAGEMENT POWER & WATER SOLUTIONS INC.; FISHER CONTROLS INTERNATIONAL LLC; FLOWSERVE US INC. (individually and as successor to Rockwell Manufacturing Co., Edward Valves Inc., Nordstrom Valves Inc., Edward Vogt Valve Co. and BW/IP International Inc.);

10 FMC CORP.; FORD MOTOR CO.; FOSTER WHEELER LLC; GENERAL ELECTRIC CO.; GOULDS PUMPS INC.; GRINNELL CORP.; HONEYWELL INC.; HONEYWELL INTERNATIONAL INC. (f/k/a Allied Signal Inc., as successor to Bendix Corp.); IMO INDUSTRIES INC.; ITT CORP.; OWENS-ILLINOIS INC.; PHILLIPS 66 CO.; ROCKWELL AUTOMATION INC. (individually and as successor to Rockwell Manufacturing Co. and Edward Valves); UNION CARBIDE CORP.; WATTS WATERS TECHNOLOGIES INC., Defendants. Plaintiff, GASPAR HERNANDEZ, by and through his attorneys, THE LANIER LAW FIRM PLLC, upon information and belief, allege at all times hereinafter mentioned as follows: THE PARTIES 1. Plaintiff, GASPAR HERNANDEZ, is a resident of Lawrence, Massachusetts. 2. Defendant AIR & LIQUID SYSTEMS CORP. (as successor to Buffalo Pumps 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 3. Defendant AMERON 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 4. Defendant AMETEK INC. (individually and as successor to Haveg Industries Inc., successor-by-merger to Haveg Corp.) was and still is a duly organized corporation doing business

11 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. 5. Defendant AMPCO PUMPS COMPANY 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 6. Defendant ARMSTRONG INTERNATIONAL 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 7. Defendant BORGWARNER MORSE TEC INC. (as successor to BorgWarner 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 8. Defendant BW/IP INTERNATIONAL INC. (f/k/a BorgWarner Industrial Products Inc., a former subsidiary of and successor to BorgWarner Corp. and Byron Jackson Pumps) 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 9. Defendant CBS CORP. (a Delaware Corporation, f/k/a Viacom Inc., successor by merger to CBS Corp., a Pennsylvania Corporation, f/k/a Westinghouse Electric 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 10. Defendant CERTAINTEED CORP. was and still is a duly organized corporation doing

12 11. Defendant CHAMPLAIN CABLE 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 12. Defendant CHEVRON CORP. was and still is a duly organized corporation doing 13. Defendant CHEVRON PHILLIPS CHEMICAL COMPANY LP 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 14. Defendant CHEVRON PHILLIPS CHEMICAL COMPANY 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 15. Defendant CONOCOPHILLIPS CO. (f/k/a Phillips Petroleum 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 16. Defendant COURTER & CO. INC. was and still is a duly organized corporation doing 17. Defendant CRANE CO. (individually and as successor to Jenkins Valves and Pacific Valves) 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.

13 18. Defendant CRANE PUMPS & SYSTEMS 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 19. Defendant CROWN, CORK & SEAL USA 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 20. Defendant EMERSON PROCESS MANAGEMENT POWER & WATER SOLUTIONS 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 21. Defendant FISHER CONTROLS INTERNATIONAL 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 22. Defendant FLOWSERVE US INC. (individually and as successor to Rockwell Manufacturing Co., Edward Valves Inc., Nordstrom Valves Inc., Edward Vogt Valve Co. and BW/IP International 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 consequences within the State of New York. 23. Defendant FMC 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. 24. Defendant FORD MOTOR CO. was and still is a duly organized corporation doing

14 25. Defendant FOSTER WHEELER LLC was and still is a duly organized corporation doing 26. Defendant GENERAL ELECTRIC 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 27. Defendant GOULDS PUMPS INC. was and still is a duly organized corporation doing 28. Defendant GRINNELL CORP. was and still is a duly organized corporation doing 29. Defendant HONEYWELL INC. was and still is a duly organized corporation doing 30. Defendant HONEYWELL INTERNATIONAL INC. (f/k/a Allied Signal Inc., as successor to 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 consequences within the State of New York. 31. Defendant IMO INDUSTRIES INC. was and still is a duly organized corporation doing

15 32. Defendant ITT 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. 33. Defendant OWENS-ILLINOIS INC. was and still is a duly organized corporation doing 34. Defendant PHILLIPS 66 CO. was and still is a duly organized corporation doing 35. Defendant ROCKWELL AUTOMATION INC. (individually and as successor to Rockwell Manufacturing Co. and Edward Valves) 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. 36. Defendant UNION CARBIDE CORP. was and still is a duly organized corporation doing 37. Defendant WATTS WATERS TECHNOLOGIES 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 38. Plaintiff repeats and re-alleges THE LANIER LAW FIRM PLLC STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 2 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption.

16 Dated: September 22,2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintif!(s) 126 East 56 th Street, 6 th Floor New York, New York Tel.: (212) By /

17 STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) 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 Summons and 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 22, 2014 New York, New York

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: GASPAR HERNANDEZ, Index No.: 190-1/2014 VERIFICATION Plaintiff, -against- AIR & LIQUID SYSTEMS CORP., 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 Summons and Verified Complaint and their contents are not frivolous, as the term is defined in Part 130. Dated: September 22,2014 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)

19 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF _N_E_W_Y_O:...R_K x IGASPAR HERNANDEZ I PlaintifflPeti tioner, - against- Index No. ~IR & LIQUID SYSTEMS CORP., et ai., Defendant/Respondent x NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING PLEASE TAKE NOTICE that the matter captioned above, which has been commenced by filing of the accompanying documents with the County Clerk, is subj ectto mandatory electronic filing pursuantto Section bb of the Uniform Rules for the Trial Courts. This notice is being served as required by Subdivision (b) (3) of that Section. The New York State Courts Electronic Filing System ("NYSCEF") is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and self-represented parties. Counsel andlor parties who do not notify the court of a claimed exemption (see below) as required by Section bb( e) must immediately record their representation within the e-filed matter on the Consent page in NYSCEF. Failure to do so may result in an inability to receive electronic notice of document filings. Exemptions from mandatory e-filing are limited to: 1) attorneys who certify in good faith that they lack the computer equipment and (along with all employees) the requisite knowledge to comply; and 2) self-represented parties who choose not to participate in e-filing. For additional information about electronic filing, including access to Section bb, consult the NYSCEF website at or contact the NYSCEF Resource Center at or efile@courts.state.ny.us. _1_26_E_. _56_t_h_S_tr_e_e_t (Address) t=.====:===:===:=========::::=:=::=::=~ (N arne ) IThe Lanier Law Firm PLLC I L.....I(Firm Name) New York, NY =(2=1=2=) 4=2=1=-2=8=00=======t (Phone) arron.berquist@lanierlawfirm.com ( ) To: See attached service rider 4/8/11