FILED: NEW YORK COUNTY CLERK 01/25/ :29 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2016

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1 FILED: NEW YORK COUNTY CLERK 01/25/ :29 PM INDEX NO /2016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/25/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ADRIANO CERUTTI and ANITA CERUTTI, Index No.: Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial A.O. SMITH WATER PRODUCTS CO., AB ELECTROLUX Individually and as successor in interest to TIBILETTI S.N.C., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN AUTOGARD CORP., BAKERS PERKINS, INC. Individually, and as Successor in interest to Werner Lehara, Inc., BARUFFALDI S.P.A 2015, BATINOX- TIBILETTI, Individually and as successor in interest to TIBILETTI S.N.C. BOGNER INDUSTRIES INC., BONFIGLIOLI MECHATRONIC RESEARCH S.P.A., BONFIGLIOLI USA, BURNHAM, LLC, Individually, and as successor to BURNHAM 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., CRANE CO., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, ELECTROLUX BAKING INDUSTRIES, Individually and as successor to TIBILETTI S.N.C., EMPIRE-ACE INSULATION MFG. CORP., FMC CORPORATION, Individually and on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FOSTER WHEELER, L.L.C., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL LLC, IMO INDUSTRIES, INC.,, ITT INDUSTRIES, INC., The Basis of Venue is Defendants' Place of Business SUMMONS

2 Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, J.W. GREER CO., JOY GLOBAL INC., JOY MANUFACTURING COMPANY Individually, and as Successor to J.W GREER CO., JOY TECHNOLOGIES INC., Individually and as successor to J.W. GREER CO., MC MASTER- CARR SUPPLY CO., OWENS-ILLINOIS, INC., PFIZER, INC. (PFIZER), READING BAKERY SYSTEMS, INC., individually and as successor-in-interest to THOMAS L. GREEN & CO., ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, THE FAIRBANKS COMPANY, THE MIDDLEBY CORPORATION, Individually and as successor in interest to MIDDLEBY MARSHALL INC, THOMAS L GREEN & CO, THOMAS L. GREEN & COMPANY INCORPORATED, THOMAS L. GREEN, LLC, TIBILETTI FORNI S.N.C. Individually and as successor in interest to PAGANI E. SACCO, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, W.W. GRAINGER, INC., WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, ZY-TECH GLOBAL INDUSTRIES, INC., 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.

3 Dated, January 22, 2016 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 DEFENDANTS' RIDER AB ELECTROLUX Individually and as successor in interest to TIBILETTI S.N.C. SE Stockholm, Sweden AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC. 41 State Street Albany, NY AMERICAN AUTOGARD CORP th Avenue Rockford, IL BAKERS PERKINS, INC. Individually, and as Successor in interest to Werner Lehara, Inc Kraft Ave. S.E. Grand Rapids, MI BARUFFALDI S.P.A 2015 via Cassino D'Alberi 16 (MI) Italy BATINOX- TIBILETTI Individually and as successor in interest to TIBILETTI S.N.C. 61 rue du lieutenant Giard COURRIERES BOGNER INDUSTRIES INC. 199 Trade Zone Drive Ronkonkoma, NY BONFIGLIOLI MECHATRONIC RESEARCH S.P.A. Industrial Via Zeni, 8 Roverto (TN) Italy BONFIGLIOLI USA 3451 Hargrave Drive Hebron, KY 41048

5 BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION 1239 Harrisburg Pike Lancaster, PA 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 CRANE CO. 100 First Stamford Place Stamford, CT EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC. CT Corporation System 111 8th Avenue New York, NY ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan EMERALD PARKWAY, Cleveland, OH and CT Corporation 111 8th Avenue, New York, NY ELECTROLUX BAKING INDUSTRIES, Individually and as successor to TIBILETTI S.N.C., 145 Avenue Soubran Sudalparc CAGNES-SUR-MER France

6 EMPIRE-ACE INSULATION MFG. CORP. c/o THE SECRETARY OF STATE 41 State Street Albany, NY FMC CORPORATION, Individually and on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES 1735 Market Street Philadelphia, PA FOSTER WHEELER, L.L.C. Route 173 at Frontage Road Clinton, NJ GENERAL ELECTRIC COMPANY Electric Insurance Company 75 Sam Fonzo Drive Beverly, MA GOULDS PUMPS, INC E. Bayard Street Seneca Falls, NY GRINNELL LLC CT Corporation System 111 8th Avenue New York, NY IMO INDUSTRIES, INC., CT Corporation 1209 Orange Street Wilmington, DE 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 J.W. Greer Co Cochran Road Cleveland, OH JOY GLOBAL INC. 100 E. Wisconsin Avenue, Suite 2780 Milwaukee, WI 53202

7 JOY MANUFACTURING COMPANY Individually, and as Successor to J.W GREER CO. c/o Joy Mining Machinery Global Headquarters Thorn Hill Industrial Park 177 Thorn Hill Road Warrendale, PA JOY TECHNOLOGIES INC., Individually and as successor to J.W. GREER CO Cochran Road Cleveland, OH MC MASTER- CARR SUPPLY CO. 200 New Canton Way Robbinsville, NJ OWENS-ILLINOIS, INC. One Michael Owens Way Perrysburg, OH PFIZER, INC. (PFIZER) CT Corporation Systems 111 8th Avenue New York, NY READING BAKERY SYSTEMS, INC., individually and as successor-in-interest to THOMAS L. GREEN & CO. 380 Old West Penn Avenue Robesonia, PA ROCKWELL AUTOMATION, INC., as successor in interest 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 THE FAIRBANKS COMPANY CT Corporation System (GA) 1201 Peachtree Street NE Atlanta, GA THE MIDDLEBY CORPORATION, Individually and as successor in interest to MIDDLEBY MARSHALL INC 1400 Toastmaster Drive Elgin, IL THOMAS L GREEN & CO 7802 Moller Road Indianapolis, IN 46268

8 THOMAS L. GREEN & COMPANY INCORPORATED 202 N Miley Ave. Indianapolis, IN THOMAS L. GREEN, LLC 7802 Moller Road Indianapolis, IN TIBILETTI FORNI S.N.C. Individually and as successor in interest to PAGANI E. SACCO Unknown at Present Time U.S. RUBBER COMPANY (UNIROYAL) Greenfield, Stein & Senior (Agent for Service of Process) 600 Third Avenue, 11th Floor New York, NY UNION CARBIDE CORPORATION CT Corporation Systems 111 8th Avenue New York, NY W.W. GRAINGER, INC. CT Corporation System 208 So. Lasalle St, Suite 814 Chicago, IL and 100 Grainger Pkwy Lake Forest, IL WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC Ballantyne Corporate Place Charlotte, NC ZY-TECH GLOBAL INDUSTRIES, INC. National Registered Agents, 350 N. St. Paul Street, Ste 2900 Dallas, TX SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

9 X ADRIANO CERUTTI and ANITA CERUTTI, Index No.: Date Filed: Plaintiff(s), -against- A.O. SMITH WATER PRODUCTS CO., AB ELECTROLUX Individually and as successor in interest to TIBILETTI S.N.C. AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN AUTOGARD CORP., BAKERS PERKINS, INC. Individually, and as Successor in interest to Werner Lehara, Inc., BARUFFALDI S.P.A 2015, BATINOX- TIBILETTI, Individually and as successor in interest to TIBILETTI S.N.C., BOGNER INDUSTRIES INC., BONFIGLIOLI MECHATRONIC RESEARCH S.P.A., BONFIGLIOLI USA, BURNHAM, LLC, Individually, and as successor to BURNHAM 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., CRANE CO., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, ELECTROLUX BAKING INDUSTRIES, Individually and as successor to TIBILETTI S.N.C., EMPIRE-ACE INSULATION MFG. CORP., FMC CORPORATION, Individually and on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FOSTER WHEELER, L.L.C., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL LLC, IMO INDUSTRIES, INC.,, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, J.W. Greer Co., VERIFIED COMPLAINT PLAINTIFF DEMANDS TRIAL BY JURY

10 JOY GLOBAL INC., JOY MANUFACTURING COMPANY Individually, and as Successor to J.W GREER CO., JOY TECHNOLOGIES INC., Individually and as successor to J.W. GREER CO., MC MASTER- CARR SUPPLY CO., OWENS-ILLINOIS, INC., PFIZER, INC. (PFIZER), READING BAKERY SYSTEMS, INC., individually and as successor-in-interest to THOMAS L. GREEN & CO., ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, THE FAIRBANKS COMPANY, THE MIDDLEBY CORPORATION, Individually and as successor in interest to MIDDLEBY MARSHALL INC, THOMAS L GREEN & CO, THOMAS L. GREEN & COMPANY INCORPORATED, THOMAS L. GREEN, LLC, TIBILETTI FORNI S.N.C. Individually and as successor in interest to PAGANI E. SACCO, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, W.W. GRAINGER, INC., WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, ZY-TECH GLOBAL INDUSTRIES, INC., Defendants X Plaintiff(s), ADRIANO CERUTTI and ANITA CERUTTI, by their attorneys WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), ADRIANO CERUTTI and ANITA CERUTTI, by their attorneys, WEITZ & LUXENBERG, P.C., for their verified complaint respectfully alleges: 2. Defendant AB ELECTROLUX Individually and as successor in interest to TIBILETTI S.N.C., was and still is a duly organized domestic corporation doing business in the State of New York.

11 3. Defendant AMERICAN AUTOGARD CORP., was and still is a duly organized domestic corporation doing business in the State of New York. 4. Defendant BAKERS PERKINS, INC. Individually, and as Successor in interest to Werner Lehara, Inc., was and still is a duly organized domestic corporation doing business in the State of New York. 5. Defendant BARUFFALDI S.P.A 2015, was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant BATINOX- TIBILETTI, Individually and as successor in interest to TIBILETTI S.N.C. was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant BOGNER INDUSTRIES INC., was and still is a duly organized domestic corporation doing business in the State of New York. 8. Defendant BONFIGLIOLI MECHATRONIC RESEARCH S.P.A., was and still is a duly organized domestic corporation doing business in the State of New York. 9. Defendant BONFIGLIOLI USA, was and still is a duly organized domestic corporation doing business in the State of New York. 10. 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. 11. 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. 12. Defendant ELECTROLUX BAKING INDUSTRIES, Individually and as successor to TIBILETTI S.N.C., was and still is a duly organized domestic corporation doing business in the State of New York.

12 13. Defendant FMC CORPORATION, Individually and 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. 14. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant IMO INDUSTRIES, INC.,, was and still is a duly organized domestic corporation doing business in the State of New York. 16. 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. 17. Defendant J.W. Greer Co., was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant JOY GLOBAL INC., was and still is a duly organized domestic corporation doing business in the State of New York. 19. Defendant JOY MANUFACTURING COMPANY Individually, and as Successor to J.W GREER CO., was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant JOY TECHNOLOGIES INC., Individually and as successor to J.W. GREER CO., was and still is a duly organized domestic corporation doing business in the State of New York. 21. Defendant MC MASTER- CARR SUPPLY CO., was and still is a duly organized domestic corporation doing business in the State of New York.

13 22. Defendant READING BAKERY SYSTEMS, INC., individually and as successor-in-interest to THOMAS L. GREEN & CO., was and still is a duly organized domestic corporation doing business in the State of New York. 23. Defendant ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 24. 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. 25. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 26. Defendant THE MIDDLEBY CORPORATION, Individually and as successor in interest to MIDDLEBY MARSHALL INC, was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant THOMAS L GREEN & CO, was and still is a duly organized 27. Defendant THOMAS L. GREEN & COMPANY INCORPORATED, was and still is a duly organized domestic corporation doing business in the State of New York. 28. Defendant THOMAS L. GREEN, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 29. Defendant TIBILETTI FORNI S.N.C. Individually and as successor in interest to PAGANI E. SACCO, was and still is a duly organized domestic corporation doing business in the State of New York. 30. Defendant W.W. GRAINGER, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

14 31. Defendant ZY-TECH GLOBAL INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), ADRIANO CERUTTI and ANITA CERUTTI, 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: January 22, 2016 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway 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 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: January 22, 2016 New York, New York /S/ CHRIS ROMANELLI

16 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ==================================================================================== ADRIANO CERUTTI and ANITA CERUTTI, -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, January 22, Attorney(s) for ===================================================================================

17 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ADRIANO CERUTTI and ANITA CERUTTI, -against- Plaintiff(s), FULL CAPTION RIDER A.O. SMITH WATER PRODUCTS CO., AB ELECTROLUX Individually and as successor in interest to TIBILETTI S.N.C., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN AUTOGARD CORP., BAKERS PERKINS, INC. Individually, and as Successor in interest to Werner Lehara, Inc., BARUFFALDI S.P.A 2015, BATINOX- TIBILETTI, Individually and as successor in interest to TIBILETTI S.N.C., BOGNER INDUSTRIES INC., BONFIGLIOLI MECHATRONIC RESEARCH S.P.A., BONFIGLIOLI USA, BURNHAM, LLC, Individually, and as successor to BURNHAM 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., CRANE CO., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, ELECTROLUX BAKING INDUSTRIES, Individually and as successor to TIBILETTI S.N.C., EMPIRE-ACE INSULATION MFG. CORP., FMC CORPORATION, Individually and on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FOSTER WHEELER, L.L.C., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INC., GRINNELL LLC, IMO INDUSTRIES, INC.,, ITT INDUSTRIES, INC., Individually, and as successor to

18 BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, J.W. Greer Co., JOY GLOBAL INC., JOY MANUFACTURING COMPANY Individually, and as Successor to J.W GREER CO., JOY TECHNOLOGIES INC., Individually and as successor to J.W. GREER CO., MC MASTER- CARR SUPPLY CO., OWENS-ILLINOIS, INC., PFIZER, INC. (PFIZER), READING BAKERY SYSTEMS, INC., individually and as successor-in-interest to THOMAS L. GREEN & CO., ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, THE FAIRBANKS COMPANY, THE MIDDLEBY CORPORATION, Individually and as successor in interest to MIDDLEBY MARSHALL INC, THOMAS L GREEN & CO, THOMAS L. GREEN & COMPANY INCORPORATED, THOMAS L. GREEN, LLC, TIBILETTI FORNI S.N.C. Individually and as successor in interest to PAGANI E. SACCO, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, W.W. GRAINGER, INC., WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, ZY-TECH GLOBAL INDUSTRIES, INC., Defendants X