1300 MOUNT KEMBLE AVENUE P.O. BOX 2075 MORRISTOWN, NEVJ JERSEY (973) FACSIMILE (973)

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1 MCELROY, DEUTSCH, MULVANEY &CARPENTER, LLP ATTORNEYS AT LAW 1300 MOUNT KEMBLE AVENUE P.O. BOX 2075 MORRISTOWN, NEVJ JERSEY (973) FACSIMILE (973) CHARLES J. BENJAMIN,JR. Direct dial: (973) com October 4, 2016 VIA FIRST CLASS MAIL AND NYSCEF Patti Burshtyn, Esq. Weitz & Luxenberg, P.C. 700 Broadway, 6`h Floor New York, NY Re: NYCAL Apri12017 In E~remis Case Stanley Lewis and Veronica Lewis Index No.: MDMC File No.: M1023-PM79580 Dear Ms. Burshtyn: As you are aware, this firm represents PV North America, Inc., as successor-in-interest to Baker Perkins, Inc., Peterson Ovens and Werner Lehara, Inc. (improperly sued as Baker Perkins, Inc., Individually, and as Successor to Werner Lehara, Inc. and Bakers Perkins as Successor by Merger to Peterson Oven Company, USA) (hereinafter "Baker Perkins") in the above-referenced matter. Our review of the file reveals that Baker Perkins was not identified as a source of plaintiffs exposure to asbestos-containing products. Therefore, in accordance with CMO Amendment Re: No Opposition Summary Judgment Motion and Order ("NOSJM"), dated December 19, 2001, I request that you kindly execute the enclosed NOSJM and return the original to my attention in the enclosed envelope within ten days as provided for by the July 23, 2001 amendment to the Case Management Order. An Affidavit of Service of the NOSJM on all counsel of record is also enclosed. Please do not hesitate to contact me should you have any questions. Thank you for your courtesies. Very MCELROY, VAINEY 8.EARPENTER, LLP CJB/li Enclosures cc: All Counsel of Record (via NYSCEF) J. Benjamin, Jr. NEW JERSEY NEW YORK PENNSYLVANIA CANNECTICUT MASSACHUSETTS COIARADO OBLAWA2G

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK COUNTY ASBESTOS LITIGATION This Document Relates to: STANLEY B. LEWIS and VERONICA LEWIS NYCAL I.A.S. Part 50 (Moulton, P.) INDEX NO.: NO OPPOSITION SUMMARY JUDGMENT MOTION AND ORDER WHEREFORE, defendant PV North America, Inc., as successor-in-interest to Baker Perkins, Inc., Peterson Ovens and Werner Lehara, Ina (improperly sued as Baker Perkins, Inc., Individually, and as Successor to Werner Lehara, Inc. and Bakers Perkins as Successor by Merger to Peterson Oven Company, USA) (hereinafter "Baker Perkins"), hereby requests summary judgment in the above-entitled case, pursuant to Civil Practice Law and Rules Section 3212, dismissing plaintiffs' complaint against defendant Baker Perkins with prejudice, and there being no opposition thereto. ORDERED, that upon notice to all co-defendants, all claims and cross claims against defendant Baker Perkins be and the same are hereby dismissed with prejudice and without costs. Dated: New York, New York 2016 Patti Burshtyn, Esq. Weitz & Luxenberg, P. C. Attorneys Por Plaintiff 700 Broadway, 6~h Floor New York, NY Brian Sorensen, Esq. McElroy, Deutsch, Mulvaney &Carpenter, LLP Attorneys for Defendant AVP North America, Inc. 88 Pine Street, 24~h Floor New York, New York SO ORDERED, Hon. Peter H. Moulton

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK COUNTY ASBESTOS LITIGATION This Document Relates to: STANLEY B. LEWIS and VERONICA LEWIS NYCAL I.A.S. Part 50 (Moulton, P.) INDEX NO.: AFFIDAVIT OF SERVICE STATE OF NEW JERSEY ) COUNTY OF MORRIS ) ss: LORI INGRAM, being duly sworn, deposes and says: That deponent is not a party to this action, is over 18-years of age and is associated with McElroy, Deutsch, Mulvaney, & Carpenter, LLP, 1300 Mount Kemble Avenue, Morristown, New Jersey Further, deponent delivered on October 4, 2016, true copies of the No Opposition Summary Judgment Motions and Orders, via NYSCEF and first class mail upon: and by NYSCEF to the following: Patti Burshtyn, Esq. Weitz & Luxenberg, P. C. 700 Broadway, 6`h Floor New York, NY Attorneys for Plaintiff ALL DEFENSE COUNSEL of record on the attached service list being the address designated by said attorneys for that purpose. Sworn to and subscribed before me this 4th day of October, 2016 f f ~'' r /.~ -- rrot~y b -- HELEN CALICCHIO NOTARY PUBLIC OF NEW JERSEY My Commission Expires 04/W/2019 ~~~ ~~w~ LORI INGRA ~ s~aso~z-~

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