FILED: NEW YORK COUNTY CLERK 04/03/2014 INDEX NO /2013 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/03/2014. Exhibit 1

Transcription

1 FILED: NEW YORK COUNTY CLERK 04/03/2014 INDEX NO /2013 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/03/2014 Exhibit 1

2 SCANNED ON SUPREME COURT THE STATE NEW YORK COUNTY NEW YORK... X Index No.: GARY D. GOTLIN, as Administrator for the Estate of ANTHONY A TROIANO, and THERESA TROIANO, Individually, -against- Plaintiff(s), ALGOMA DOOR, INC., ALGOMA HARDWOODS, INC., Individually and as Successor in Interest to ALGOMA PLYWOOD VENEER CO., ALLWOOD DOOR CO., AMERICAN BILTRITE COMPANY, ANCHOR PACKING COMPANY, BENJAMIN MOORE CO., BONDEX INTERNATIONAL, INC., CBS CORPORATION, f/ma VIACOM INC., successor by merger to CBS CORPORATION, fma WESTINGHOUSE ELECTRIC CORPORATION, CONSOLLDATED EDISON COMPANY NEW YORK, INC., CONWED CORPORATION, Individually and as Successor to WOOD CONVERSION COMPANY, CRANE co., DUSING ASSOCIATES, INC., Individually and as successor in interest and fma DUSING HUNT, INC., EL HANSSON, INC., EMPIRE-ACE INSULATION MFG. CORP., GARLOCK SEALING TECHNOLOGIES LLC, fma GARLOCK INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOODRICH CORPORATION, Wa THE B.F.GOODRICH COMPANY, Individually, and as successor in interest to THE CLEVELAND PNEUMATIC COMPANY, a Division of the PNEUMO ABEX CORPORATION, a wholly owned subsidiary of ABEX INC., GOODYEAR CANADA, INC., INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, KAISER GYPSUM COMPANY, INC., Date Filed: Plaintiff Designates NEW YORK County as the Place of Trial The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS FILED 4 I Supreme Court Records OnLine Library - page 1 of 15

3 KELLY-MOORE PAINT COMPANY, INC, KENTILE FLOORS, INC., 0 WENS -ILLINOIS, INC., RAPID-AMERICAN CORPORATION, SEARS, ROEBUCK and CO., SHERWIN WILLIAMS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, TREADWELL CORPORATION, TURNER CONSTRUCTION COMPANY, UNITED GILSONITE LABORATORIES, WEYERHAEUSER COMPANY, You are hereby summoned to answer the third amended 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 Plaintiffs Attomey(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, December 02,201 1 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) Supreme Court Records OnLine Library - page 2 of 15

4 Kerryann Cook Esq MCGIVNEY KLUGER, P.C 80 Broad Street 23rd Floor New York, NY (212) fax:(212) DEFENDANTS' RIDER ALGOMA DOOR, INC. ALGOMA HARDWOODS, INC., Individually and as Successor in Interest to ALGOMA PLYWOOD VENEER CO. KENTILE FLOORS, INC. TREADWELL CORPORATION Bob Malaby Esq William Bradley Esq MALABY BRADLEY LLC 150 Broadway, Suite 600 New York, NY (212) fax:(212) ALLWOOD DOOR CO. CBS CORPORATION, f/wa VIACOM INC., successor by merger to CBS CORPORATION, f/ma WESTINGHOUSE ELECTRIC CORPORATION SEARS, ROEBUCK and CO. WElTZ LUXENBERG, P.C. NEW YORK, NY Erik DiMarco Esq Julie Evans Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER, LLP 150 East 42nd Street New York, NY (212) fax:(2 12) AMERICAN BILTRITE COMPANY CONWED CORPORATION, Individually and as Successor to WOOD CONVERSION COMPANY KELLY-MOORE PAINT COMPANY, INC Supreme Court Records OnLine Library - page 3 of 15

5 Andrew Czerepark Esq. CONSOLIDATED EDISON Four Irving Place New York, NY (212) fax:(212) CONSOLIDATED EDISON COMPANY NEW YORK, INC. Kirsten Kneis Esq. K L GATES LLP 599 Lexington ave New York, NY (212) fax :(212) CRANE CO. John Fanning Esq. CULLEN AND DYKMAN BLEAKLEY PLATT, LLP 177 Montague Street Brooklyn, NY (718) fax:(718) EL HANSSON, INC. Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY EMPIRE-ACE INSULATION MFG. CORP. Michael Tanenbaum Esq SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ (973) fax:(973) GENERAL ELECTRIC COMPANY WElTZ LUXENBERG, P.C. NEW YORK, NY Scott Emery Esq. LYNCH DASKAL EMERY LLP 264 West 40TH Street New York, NY (212) fax :(212) GEORGIA PACIFIC LLC. GOODYEAR CANADA, INC. THE GOODYEAR TIRE AND RUBBER COMPANY Supreme Court Records OnLine Library - page 4 of 15

6 Patrick Dwyer Esq. SMITH, STRATTON, WISE, HEHER BRENNAN 2 Research Way Princeton, NJ (609) fax:(609) GOODRICH CORPORATION, f/ma THE B.F.GOODRICH COMPANY, Individually, and as successor in interest to THE CLEVELAND PNEUMATIC COMPANY, a Division of the PNEUMO ABEX CORPORATION, a wholly owned subsidiary of ABEX INC. Lisa Pascarella Esq BRAATEN PASCARELLA, LLC Paynters Ridge Office Park 2430 Route 34 - P.O. Box 648 Manasquan, NJ (732) fax: (732) INGERSOLL-RAND COMPANY Lawrence D Aloise Esq CLARK, GAGLIARDI MILLER, P.C. 99 Court Street White Plains, NY (914) fax:(914) INTERNATIONAL PAPER COMPANY KAREN CAMPBELL ESQ. LEWIS BRISBOIS BISGAARD SMITH, LLP 77 Water Street, 21st Street New York, NY (212) fax:(212) KAISER GYPSUM COMPANY, INC. WElTZ LUXENBEHG, P.C. NEW YORK, NY Paul Scrudato Esq 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC. Supreme Court Records OnLine Library - page 5 of 15

7 Amiel Gross Esq. SONNENSCHEIN NATH ROSENTHAL 1221 Avenue of the Americas New York, NY (212) fax:(212) RAPID-AMERICAN CORPORATION Todd Roth GIBBONS, P.C. One Gateway Center Newark, NJ (973) fax:(973) SHERWIN WILLIAMS COMPANY Regina Giovanni Esq. Woolworth Bldg 233 Broadway, Suite 2220 New York, NY (212) fax:(:! 12) TURNER CONSTRUCTION COMPANY Geneiveve MacSteel Esq. MCGUIRE WOODS, LLP 1345 Avenue of the Americas #7 New York, NY WEYERHAEUSER COMPANY WElTZ LUXENBERG, P.C. NEW YORK, NY Supreme Court Records OnLine Library - page 6 of 15

8 SUPREME COURT THE STATE NEW YORK COUNTY NEW YORK X Index No.: GARY D. GOTLIN, as Administrator for the Estate of Date Filed: ANTHONY A TROIANO, and THERESA TROIANO, Individually, THIRD AMENDED VERIFIED Plaintiff(s), COMPLAINT -against- WElTZ LUXENBERG, P.C. NEW YORK, NY ALGOMA DOOR, INC., ALGOMA HARDWOODS, INC., Individually and as Successor in Interest to ALGOMA PLYWOOD VENEER CO., ALLWOOD DOOR CO., AMERICAN BILTRITE COMPANY, ANCHOR PACKING COMPANY, BENJAMIN MOORE CO., BONDEX INTERNATIONAL, INC., CBS CORPORATION, f/wa VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CONSOLIDATED EDISON COMPANY NEW YORK, INC., COWED CORPORATION, Individually and as Successor to WOOD CONVERSION COMPANY, + CRANE CO., DUSING ASSOCIATES, INC., LE Q :*%+. Individually and as successor in interest and i f/k/a DUSING HUNT, INC., EL HANSSON, INC., EMPIRE-ACE INSULATION MFG. COW., DEL a GARLOCK SEALING TECHNOLOGIES LLC, CLERK c fma GARLOCK INC., N"NE.,CORK GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOODRICH CORPORATION, f/wa THE B.F.GOODRICH COMPANY, Individually, and as successor in interest to THE CLEVELAND PNEUMATIC COMPANY, a Division of the PNEUMO ABEX CORPORATION, a wholly owned subsidiary of ABEX INC., GOODYEAR CANADA, INC., INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, KAISER GYPSUM COMPANY, INC., KELLY-MOORE PAINT COMPANY, INC, KENTILE FLOORS, INC., OWENS-ILLINOIS, INC., 6 2QV 1 ik Supreme Court Records OnLine Library - page 7 of 15

9 RAPID-AMERICAN CORPORATION, SEARS, ROEBUCK and CO., SHERWIN WILLIAMS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, TREADWELL COWORATION, TURNER CONSTRUCTION COMPANY, UNITED GILSONITE LABORATORIES, WEYEWAEUSER COMPANY, Defendants Plaintiff(s), GARY D. GOTLIN, as Administrator for the Estate of ANTHONY A TROIANO, and THERESA TROIANO, Individually, by their attorneys WEITZ LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), GARY D. GOTLIN, as Administrator for the Estate of ANTHONY A TROIANO, and THERESA TROIANO, Individually, by their attorneys, WEITZ LUXENBERG, P.C., for their third amended verified complaint respectfully alleges: 2. Defendant ALGOMA DOOR, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant ALGOMA HARDWOODS, INC., Individually and as Successor in Interest to ALGOMA PLYWOOD VENEER CO., was and still is a duly organized domestic corporation doing business in the State of New York. 4. Defendant ALGOMA HARDWOODS, INC., Individually and as WElTZ LUXENBERG, P.C. NEW YORK. NY Successor in Interest to ALGOMA PLYWOOD VENEER CO., 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. Supreme Court Records OnLine Library - page 8 of 15

10 5. Defendant ALLWOOD DOOR CO., was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant ALLWOOD DOOR CO., 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. 7. Defendant AMERICAN BILTRITE COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 8. Defendant AMERICAN BILTRITE 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. 9. Defendant BENJAMIN MOORE CO., was and still is a duly organized domestic corporation doing business in the State of New York. 10. Defendant BONDEX INTERNATIONAL, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant BONDEX INTERNATIONAL, 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. 12. Defendant CONWED CORPORATION, Individually and as Successor to WOOD CONVERSION COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 13. Defendant DUSING ASSOCIATES, INC., Individually and as successor WElTZ?a LUXENBERG, P.C. NEW YORK. NY in interest and f/wa DUSING HUNT, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant DUSING ASSOCIATES, INC., Individually and as successor in interest and f/k/a DUSING HUNT, INC., was and still is a duly organized foreign Supreme Court Records OnLine Library - page 9 of 15

11 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. 15. Defendant EL HANSSON, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant EL HANSSON, 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. 17. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant GOODRICH CORPORATION, fk/a THE B.F.GOODRICH COMPANY, Individually, and as successor in interest to THE CLEVELAND PNEUMATIC COMPANY, a Division of the PNEUMO ABEX CORPORATION, a wholly owned subsidiary of ABEX NC., was and still is a duly organized domestic corporation doing business in the State of New York. 19. Defendant GOODRICH CORPORATION, E/Wa THE B.F.GOODRICH COMPANY, Individually, and as successor in interest to THE CLEVELAND PNEUMATIC COMPANY, a Division of the PNEUMO ABEX CORPORATION, a wholly owned subsidiary of ABEX NC., 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. 20. Defendant INTERNATIONAL PAPER COMPANY, was and still is a WEITZ LUXENBERG. P.C NEW YORK, NY duly organized domestic corporation doing business in the State of New York. 21. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly organized domestic corporation doing business in the State of New York. Supreme Court Records OnLine Library - page 10 of 15

12 22. Defendant KELLY-MOORE PAINT COMPANY, INC, was and still is a duly organized domestic corporation doing business in the State of New York. 23. Defendant KELLY-MOORE PAINT COMPANY, 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. 24. Defendant SEARS, ROEBUCK and CO., was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant SHERWIN WILLIAMS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 26. Defendant TURNER CONSTRUCTION COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant TURNER CONSTRUCTION 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. 28. Defendant UNITED GILSONITE LABORATORIES, was and still is a duly organized domestic corporation doing business in the State of New York. 29. Defendant WEYERHAEUSER COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. WEITZ LUXENBERG, P.C NEW YORK. NY Plaintiff(s), GARY D. GOTLIN, as Administrator for the Estate of ANTHONY A TROIANO, and THERESA TROIANO, Individually, repeats and realleges NYAL - WEITZ LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 7 and NYAL - WEITZ LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR Supreme Court Records OnLine Library - page 11 of 15

13 WRONGFUL DEATH No. 7 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: December 02,201 1 New York, New York Yours, etc., WEITZ LUXENBERG, P.C. Attorneys for Plaintiff(s) 700 Broadway New York, NY (212) WEITZ 84 LUXENBERG, P.C. NEW YORK, NY Supreme Court Records OnLine Library - page 12 of 15

14 STATE NEW YORK ) COUNTY 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 supplemental summons ant third amended 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: December 02,201 1 New York, New York WElTZ LUXENBERG, P.C. NEW YORK, NY Supreme Court Records OnLine Library - page 13 of 15

15 Supreme Court Records OnLine Library - page 14 of 15 a

16 Supreme Court Records OnLine Library - page 15 of 15