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

Transcription

1 THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L. 1 of 14

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2017 ROBERT W. GEISER AND PATRICIA GEISER, Date Filed: 6/28/2017 -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., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, BORG-WARNER MORSE TEC LLC, 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, CERTAIN TEED CORPORATION, CRANE CO., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DAP PRODUCTS, INC., DOMCO PRODUCTS TEXAS, LP, Individually, and as successor to AZROCK INDUSTRIES, INC., DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC., EMPIRE-ACE INSULATION MFG. CORP., FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOODYEAR CANADA, INC., GOODYEAR TIRE AND RUBBER COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HONEYWELL CORP., SUPPLEMENTAL SUMMONS 2 of 14

3 f/k/a ALLIED SIGNAL, INC.,/BENDIX, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAMCO SUPPLY CORP., KARNAK CORPORATION, MANNINGTON MILLS, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES INC., THE B.F. GOODRICH COMPANY (GOODRICH COMPANY), THE FAIRBANKS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, U.S. PLYWOOD CORPORATION, UNION CARBIDE CORPORATION, W.W. HENRY COMPANY, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY, WEYERHAEUSER CO., HONEYWELL INTERNATIONAL INC.., f/k/a ALLIED SIGNAL, INC., and as successor-in-interest to THE BENDIX CORPORATION, Defendants, X To the above named Defendant(s) You are hereby summoned to answer the amended 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 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 of 14

4 Dated, 6/28/2017 New York, New York THE WILLIAMS LAW FIRM, P.C. Defendant s address: Attorney(s) for Plaintiff 245 Park Ave 39 th Floor SEE ATTACHED DEFENDANTS RIDER New York, NY (212) of 14

5 DEFENDANTS RIDER Michelle Grady Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 10 Bank Street Suite 700 White Plains, NY Phone # (914) Fax # Rhafner@Eckertseamans.Com A.O. SMITH WATER PRODUCTS COMPANY Anna DiLonardo Esq. MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN 105 Maxess Road Suite 303 Melville, NY PHONE # (631) FAX # (631) AERCO INTENRATIONAL, KAMCO SUPPLY CORP., and BORG-WARNER MORSE TEC LLC John Howarth, Esq. Wilbraham, Lawler & Buba 1818 Market Street, Suite 3100 Philadelphia, PA Tel: (212) Fax: (212) AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS and KARNAK CORPORATION Christopher S. Kozak, Esq. LANDMAN CORSI BALLAINE & FORD, P.C. One Gateway Center 4th Floor Newark, New Jersey Tel: (973) Fax: (973) AMERICAN BILTRITE, INC., Individually and as Successor to AMTICO 5 of 14

6 Nancy McDonald Esq. MCELROY, DEUTCH & MULVANEY 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ (973) fax:(973) BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION Michael Tanenbaum Esq. TANNENBAUM KEALE LLP 1085 Raymond Boulevard One Newark Center, 16th Floor Newark, New Jersey (973) fax:(973) CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, FOSTER WHEELER, L.L.C, GATES CORPORATION and GENERAL ELECTRIC COMPANY Judith A. Yavitz, Esq. DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27 th Street 12 th Floor New York, NY Tel: (212) Fax: (212) CERTAINTEED CORPORATION and UNION CARBIDE CORPORATION. Kirsten Kneis Esq. K & L GATES LLP 599 Lexington Ave New York, NY (212) fax:(212) CRANE CO. Robert Malaby Esq. MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY (212) fax:(212) CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC. 6 of 14

7 Kerryann Cook Esq. MCGIVNEY, KLUGER, & COOK, P.C 80 Broad Street, 23rd Floor New York, NY (212) fax:(212) DAP PRODUCTS, INC., and THE FAIRBANKS COMPANY Suzanne Halbardier, Esq. BARRY, MCTIERNAN & MOORE 2 Rector Street, 14 th Floor New York, NY PHONE # (212) FAX # (212) DOMCO PRODUCTS TEXAS, LP, Individually and as successor to AZROCK INDUSTRIES, INC. and DOMCO TARKETT, INC., Individually and as successor to AZROCK INDUSTRIES, INC. Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY EMPIRE-ACE INSULATION MFG. CORP. James R. Lynch, Esq. LYNCH DASKAL EMERY LLP 137 WEST 25TH STREET, 5TH FLOOR NEW YORK, NEW YORK Phone: (212) Fax: (212) GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOODYEAR TIRE & RUBBER CO. and GOODYEAR CANADA, INC. John Fanning Esq. Raghu Bandlamudi, Esq. CULLEN & DYKMAN 44 Wall Street New York, NY PHONE # (212) FAX # (212) GOULDS PUMPS, INC. 7 of 14

8 Brady Edwards, Esq. MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street Suite 4000 Houston, TX Phone: (713) Fax: (713) GRINNELL, LLC AND ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING Co., Inc., Donald Pugliese, Esq. McDERMOTT, WILL & EMERY 340 Madison Avenue New York, NY Phone # (212) Fax # (212) HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX Lisa M. Pascarella, Esq. PASCARELLA, DIVITA, LINDENBAUM & TOMASZEWSKI 2137 Route 35 Suite 290 Holmdel, NJ PHONE # (732) FAX # (732) INGERSOLL-RAND CO. and TRANE U.S. INC., f/k/a AMERICAN STANDARD INC. Individually, and as successor in interest to KEWANEE BOILER Thomas M. Toman, Esq. Forman Perry Watkins Krutz & Tardy LLP 328 Newman Springs Road Red Bank, NJ Phone: Fax: WEYERHAEUSER CO. and US PLYWOOD CORPORATION, and INTERNATIONAL PAPER COMPANY, Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION. 8 of 14

9 Steven Rosenblatt Esq. Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue, Suite 1100 New York, NY Phone: Fax: MANNINGTON MILLS, INC. and WEIL-MCLAIN, a division of the MARLEY-WYLAIN COMPANY Peter S. Marlette, Esq. BARCLAY DAMON The Avant Building 200 Delaware Avenue, Suite 1200 Buffalo, NY Tel: (716) Fax: (716) NATIONAL AUTO PARTS a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION. Paul Scrudato Esq. Jill Berry Esq SCHIFF HARDIN & WAITE 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC., Philip J. O Rourke, Esq. Karen Campbell Esq. LEWIS BRISBOIS BISGAAD & SMITH, LLP 77 Water Street, Suite 2100 New York, NY10005 Phone # (212) Fax # (212) PEERLESS INDUSTRIES INC. 9 of 14

10 Bernadette Weaver- Catalana, Esq. Lavin, O Neil, Cedrone, DiSipio One East Main Street Suite 1000 Rochester, NY PHONE # (585) FAX # (585) bcatalana@lavin-law.com THE B.F. GOODRICH COMPANY (GOODRICH COMPANY) Elizabeth M. Young Wilson Elser Moskowitz Edelman & Dicker LLP 150 E 42nd Street New York, NY (Direct) (Main) (Fax) W.W. HENRY COMPANY HONEYWELL INTERNATIONAL INC.., f/k/a ALLIED SIGNAL, INC., and as successor-in-interest to THE BENDIX CORPORATION 115 Tabor Road Morris Plains, NJ of 14

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No.: /2017 ROBERT W. GEISER AND PATRICIA GEISER, Date Filed: 6/28/2017 -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., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, BORG-WARNER MORSE TEC LLC, 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, CERTAIN TEED CORPORATION, CRANE CO., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DAP PRODUCTS, INC., DOMCO PRODUCTS TEXAS, LP, Individually, and as successor to AZROCK INDUSTRIES, INC., DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC., EMPIRE-ACE INSULATION MFG. CORP., FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOODYEAR CANADA, INC., GOODYEAR TIRE AND RUBBER COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HONEYWELL CORP., The Basis of Venue is Defendants Place of Business AMENDED VERIFIED COMPLAINT 11 of 14

12 f/k/a ALLIED SIGNAL, INC.,/BENDIX, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAMCO SUPPLY CORP., KARNAK CORPORATION, MANNINGTON MILLS, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES INC., THE B.F. GOODRICH COMPANY (GOODRICH COMPANY), THE FAIRBANKS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, U.S. PLYWOOD CORPORATION, UNION CARBIDE CORPORATION, W.W. HENRY COMPANY, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY, WEYERHAEUSER CO., HONEYWELL INTERNATIONAL INC.., f/k/a ALLIED SIGNAL, INC., and as successor-in-interest to THE BENDIX CORPORATION, Defendants, X Plaintiff(s), ROBERT W. GEISER AND PATRICIA GEISER, by their attorneys THE WILLIAMS LAW FIRM, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), ROBERT W. GEISER AND PATRICIA GEISER, by their attorneys, THE WILLIAMS LAW FIRM, P.C., for their amended verified complaint respectfully alleges: Plaintiff(s), ROBERT W. GEISER AND PATRICIA GEISER, repeats and realleges NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR 12 of 14

13 PERSONAL INJURY NO. 1 as fully incorporated herein as it pertains to the defendants in the aforementioned caption 2. Defendant W.W. HENRY COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant W.W. HENRY 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: 6/28/2017 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) of 14

14 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 supplemental summons and amended 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: 6/28/2017 New York, New York /S/ JOSEPH P. WILLIAMS 14 of 14