FILED: NEW YORK COUNTY CLERK 06/07/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2013

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1 FILED: NEW YORK COUNTY CLERK 06/07/2013 INDEX NO /2013 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/07/2013 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., 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, 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., DANA COMPANIES, LLC, EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ECR INTERNATIONAL, CORP., The Basis of Venue is Defendants' Place of Business SUMMONS

2 f/k/a DUNKIRK RADIATOR CORP., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, 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., GRINNELL LLC, HENRY VOGT MACHINE COMPANY, 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., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., LENNOX INDUSTRIES, 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.,,

3 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. 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., YARWAY CORPORATION, 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 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, June 07, 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)

4 A.O. SMITH WATER PRODUCTS CO West Park Place Milwaukee, WI ABB, INC. as successor in interest to ITE CIRCUIT BREAKERS, INC. 125 E. County Line Warminster, PA and Delaney & O'brien 325 Chestnut Street Suite 1320 Philadelphia, PA DEFENDANTS' RIDER AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. 874 OLIVER STREET N. TONAWANDA, NY AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC. 41 State Street Albany, NY AMERICAN BILTRITE, INC. 57 River Street Wellsley Hills, MA ATWOOD & MORRILL COMPANY 29 Old Right Road Ipswich, MA AURORA PUMP COMPANY Ballantyne Corporate Place Charlotte, NC AZROCK INDUSTRIES, a Division of DOMCO, INC. c/o CT Corporation Systems Corporate Trust Center 1209 Orange Street Wilmington, DE BELL & GOSSETT COMPANY 8200 North Austin Avenue Morton Grove, IL 60053

5 BLACKMER 1809 Century Avenue SW Grand Rapids, MI BRYANT HEATING & COOLING SYSTEMS CT Corporation Systems 111 8th Avenue New York, NY BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION 1239 Harrisburg Pike Lancaster, PA BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES 5215 North O'Conner Blvd Suite 2300 Irving, TX BYRON JACKSON PUMPS 5215 N. O'Conner Boulevard Suite 2300 Irving, TX CARRIER CORPORATION CT Corporation System 111 8th Avenue New York, NY CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION Asbestos Litigation Support Manager ECKERT SEAMANS CHERIN & MELLOTT, LLC Case Management & Technology Center USX Towers 600 Grant Street Pittsburgh, PA CERTAINTEED CORPORATION CT Corporation System 111 8th Avenue New York, NY CLEAVER BROOKS COMPANY, INC West Park Place Milwaukee, WI CLYDE UNION, INC T West Dickman Road Battle Creek, MI 49015

6 COLUMBIA BOILER COMPANY OF POTTSTOWN 390 Old Reading Pike Pottstown, PA COMPUDYNE CORPORATION, Individually, and as successor to YORK SHIPLEY, INC. National Corporate Research 836 Park Avenue Baltimore, MD CRANE CO. 100 First Stamford Place Stamford, CT CRANE CO. Individually and as Successor to PACIFIC VALVES 100 First Stamford Place Stamford, CT CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC I Street Philadelphia, PA DANA COMPANIES, LLC 900 West South Boundary St., Bldg. 8A Perrysburg, OH EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC. CT Corporation System 111 8th Avenue New York, NY ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP Dwyer Avenue UTICA, NY ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan EMERALD PARKWAY, Cleveland, OH FEDERAL PACIFIC ELECTRIC COMPANY C T CORPORATION SYSTEM 111 EIGHTH AVENUE NEW YORK, NEW YORK, 10011

7 FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company c/o Corporate trust Systems 111 8th Avenue 13th Floor New York, NY and 5215 North O'Connor Blvd, Ste 2300 Irving, Texas FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC. CT CORPORATION SYSTEM 101 Federal Street Boston, MA FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES 1735 Market Street Philadelphia, PA FORT KENT HOLDINGS, INC., FORMERLY KNOWN AS DUNHAM-BUSH, INC. Peter C. Langenus, Esq. Schnader Harrison Segal & Lewis LLP 140 Broadway, Suite 3100 New York, NY FOSTER WHEELER, L.L.C. Route 173 at Frontage Road Clinton, NJ FULTON BOILER WORKS, INC. 972 Centerville Road Pulaski, NY GARDNER DENVER, INC Gardner Expressway Quincy, IL GENERAL ELECTRIC COMPANY Electric Insurance Company 75 Sam Fonzo Drive Beverly, MA GEORGIA PACIFIC LLC. CT Corporation Systems 111 8th Avenue New York, NY 10011

8 GOODYEAR CANADA, INC. 450 Kipling Avenue Atobicoke, Ontario CANADA M8ZSE1 GOULD ELECTRONICS, INC. CT Corp 1300 E. 9th Street Cleveland, OH GOULDS PUMPS, INC E. Bayard Street Seneca Falls, NY GRINNELL LLC CT Corporation System 111 8th Avenue New York, NY HENRY VOGT MACHINE COMPANY Triton Park Blvd. Suite 2500 Louisville, KY IMO INDUSTRIES, INC. CT Corporation 1209 Orange Street Wilmington, DE ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY CT Corporation 208 S. Lasalle Street, Suite 814 Chicago, IL ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc., CT CORPORATION 111 8th Avenue New York, NY 10011

9 KAISER GYPSUM COMPANY, INC. Manor Oak One 1910 Cochran Road Pittsburgh, PA and TRMI 301 Grant Street Suite 3000 One Oxford Centre Pittsburgh, PA Attention: Rezwan Mogri KEELER-DORR-OLIVER BOILER COMPANY Wayne A. Marvel, Esq. Maron & Marvel 1201 N. Market Street Wilmington, DE KENNEDY VALVE MANUFACTURING Co., Inc East Water Street Elmira, NY KOHLER CO. HOAGLAND, LONGO, MORAN, DUNST, & DOUKAS, LLP Marc S. Gaffrey, Esq. 40 Patterson Street New Brunswick, NJ LENNOX INDUSTRIES, INC. 80 State Street Albany, NY MANNINGTON MILLS, INC. Corporation Service Company 80 State Street, 6th Floor Albany, NY OAKFABCO, INC. 705 McKnight Park Drive Pittsburgh, PA OWENS-ILLINOIS, INC. One Michael Owens Way Perrysburg, OH PEERLESS INDUSTRIES, INC. 77 Water Street New York, NY 10005

10 RHEEM MANUFACTURING COMPANY, INC., 80 STATE STREET ALBANY, NEW YORK, Albany, NY RILEY POWER INC CT Corporation System 111 8th Avenue New York, NY ROCKWELL AUTOMATION, INC., as successor by merger to ALLEN- BRADLEY COMPANY, LLC Secretary of State 99 Washington Ave., Albany, NY SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY 1415 South Roselle Road Palatine, IL SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC., CT Corporation 111 8th avenue New York, NY SLANT/FIN CORPORATION 100 Forest Drive at East Hills Greenvale, NY SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY 1150 Northpoint Blvd. Blythewood, SC SUPERIOR BOILER WORKS, INC East 4th Street Hutchinson, KS THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION) CT Corporation System 111 8th Avenue New York, NY THE FAIRBANKS COMPANY CT Corporation System (GA) 1201 Peachtree Street NE Atlanta, GA 30361

11 THE GOODYEAR TIRE AND RUBBER COMPANY Corporation Service Company 80 State Street Albany, NY U.S. RUBBER COMPANY (UNIROYAL) c/o Frank Degrim, Esq. GREENFIELD, STEIN & SENOIR 600 Third Avenue, 11th Floor New York, NY UNION CARBIDE CORPORATION CT Corporation Systems 111 8th Avenue New York, NY UTICA BOILERS, INC., Individually and as successor to UTICA RADIATOR CORPORATION 2201 Dwyer Avenue UTICA, NY VELAN VALVE CORPORATION 94 Avenue C Williston, VT VIKING PUMP, INC. 406 State Street Cedar Falls, IA WARREN PUMPS, LLC CT Corporation 1209 Orange Street Wilmington, DE WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC Ballantyne Corporate Place Charlotte, NC WEINMAN PUMP & SUPPLY CO. 100 First Stamford Place Stamford, CT and James Abraham, Esq Baum Blvd, Suite 419 Pittsburgh, PA 15213

12 YARWAY CORPORATION CT Corporation System 111 8th Avenue New York, NY 10011

13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X FRANK D. ESPOSITO, Index No.: Date Filed: Plaintiff(s), -against- 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., 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, 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., DANA COMPANIES, LLC, EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP., ELECTROLUX HOME PRODUCTS, INC. VERIFIED COMPLAINT

14 Individually, and as Successor to Tappan and Copes-Vulcan, 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., GRINNELL LLC, HENRY VOGT MACHINE COMPANY, 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., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., LENNOX INDUSTRIES, 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.,

15 THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, 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., YARWAY CORPORATION, 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 verified complaint respectfully alleges: 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 organized domestic corporation doing business in the State of New York.

16 5. Defendant ATWOOD & MORRILL COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant AURORA PUMP COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant AZROCK INDUSTRIES, a Division of DOMCO, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 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 BELL & GOSSETT COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 10. Defendant BLACKMER, was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant BRYANT HEATING & COOLING SYSTEMS, was and still is a duly organized domestic corporation doing business in the State of New York. 12. Defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant BYRON JACKSON PUMPS, was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant CARRIER CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant CLYDE UNION, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

17 16. Defendant COLUMBIA BOILER COMPANY OF POTTSTOWN, was and still is a duly organized domestic corporation doing business in the State of New York. 17. 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. 18. 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. 19. Defendant CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 20. 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. 21. 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. 22. 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. 23. Defendant FEDERAL PACIFIC ELECTRIC COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 24. 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.

18 25. 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. 26. 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. 27. 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. 28. Defendant GARDNER DENVER, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 29. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 30. Defendant GOULD ELECTRONICS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 31. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 32. Defendant HENRY VOGT MACHINE COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 33. Defendant IMO INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 34. 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.

19 35. 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. 36. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 37. Defendant KENNEDY VALVE MANUFACTURING Co., Inc., was and still is a duly organized domestic corporation doing business in the State of New York. 38. Defendant LENNOX INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 39. Defendant MANNINGTON MILLS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 40. Defendant RHEEM MANUFACTURING COMPANY, INC.,, was and still is a duly organized domestic corporation doing business in the State of New York. 41. 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. 42. 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. 43. 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. 44. Defendant SLANT/FIN CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York.

20 45. 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. 46. Defendant SUPERIOR BOILER WORKS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 47. 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. 48. 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. 49. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 50. 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. 51. Defendant VELAN VALVE CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 52. Defendant VIKING PUMP, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 53. Defendant WARREN PUMPS, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 54. Defendant WEINMAN PUMP & SUPPLY CO., was and still is a duly organized domestic corporation doing business in the State of New York.

21 55. 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: June 07, 2013 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212)

22 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 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 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: June 07, 2013 New York, New York /S/ MICHAEL ROBERTS

23 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. ==================================================================================== SUMMONS and 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, June 07, Attorney(s) for ===================================================================================

24 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X FRANK D. ESPOSITO, -against- Plaintiff(s), FULL CAPTION RIDER 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., 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, 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., DANA COMPANIES, LLC, EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ECR INTERNATIONAL, CORP., f/k/a DUNKIRK RADIATOR CORP.,

25 ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, 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., GRINNELL LLC, HENRY VOGT MACHINE COMPANY, 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., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., LENNOX INDUSTRIES, 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,

26 SUPERIOR BOILER WORKS, INC., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, 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., YARWAY CORPORATION, Defendants X