FILED: NEW YORK COUNTY CLERK 03/13/2014 INDEX NO /2014 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/13/2014

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1 FILED: NEW YORK COUNTY CLERK 03/13/2014 INDEX NO /2014 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/13/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: ROY BARBARINO and JOAN BARBARINO, Plaintiffs, -against- Index No.: /2014 Date Filed: March 13, 2014 SUPPLEMENTAL SUMMONS Plaintiffs Designate NEW YORK COUNTY as the Place of Trial BASF CATALYSTS LLC, et ai., Defendants. The Basis of Venue is Defendants' Place of Business TO THE ABOVE NAMED DEFENDANTS: You are hereby summoned to answer the First Amended Complaint in this action and to serve a copy of your Answer, or, if the Amended Complaint is not served with this Summons, to serve a Notice of Appearance, on the Plaintiff's Attorney 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). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the amended complaint. Dated: March 13, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) 126 East 56 th Street, 6 th Floor New York, New York Tel.: (212) Defendants' addresses: SEE ATTACHED RIDER

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x ROY BARBARINO and JOAN BARBARINO, Index No.: /2014 Plaintiffs, -against- FULL CAPTION RIDER BASF CATALYSTS LLC; BORGWARNER MORSE TEC INC.; BRIDGESTONE AMERICAS INC.; CARLISLE COMPANIES INC.; CATERPILLAR INC.; CERTAINTEED CORP.; CUMMINS INC. (f/k/a Cummins Engine Co. Inc.); DANA COMPANIES LLC; DAIMLER BUSES NORTH AMERICA INC. ( individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America); EATON CORP.; GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.); GENERAL ELECTRIC CO.; GEORGIA-PACIFIC LLC; GILLIG CORP.; GKN ROCKFORD INC.; GOODRICH AEROSTRUCTURES GROUP (individually, doing business as and as successor to Rohr Inc. and Flxible Co.); GOODRICH CORP.; HENNESSY INDUSTRIES INC.; HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.); KELSEY-HAYES CO.; LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.; LlPE AUTOMATION CORP. (f/k/a Lipe-Rollway Corp.); MACK TRUCKS INC.; MAREMONT CORP.; MERITOR INC. (individually and as successor to Rockwell International Corp.); MILLENNIUM TRANSIT SERVICES LLC; MOTOR COACH INDUSTRIES INTERNATIONAL INC. (individually, doing business as and as successor to Motor Coach Industries Inc. and Rapid Transit Series); NMBFIL INC. (f/k/a Bondo Corp.);

3 NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flxible Co.); PERGAMENT HOME CENTERS INC.; PREVOST CAR (US) INC. (d/b/a Prevost Bus); PNEUMO-ABEX LLC (individually and as successor to Abex Corp.); ROCKWELL AUTOMATION INC.; ROHR INC. (individually, doing business as and as successor to Flxible Co.); ROLLS-ROYCE CORP. (as successor to Allison Engine Co.); THE GOODYEAR TIRE & RUBBER CO.; UNION CARBIDE CORP.; BOSTIK INC.; INDUSTRIAL HOLDINGS (f/k/a The Carborundum Co.); SAINT-GOBAIN ABRASIVES INC., Defendants x

4 DEFENDANTS' ADDRESS/SERVICE RIDER DEFENDANTS SERVICE ADDRESS BASF CAT AL YSTS LLC BORGWARNER MORSE TEC INC. BRIDGESTONE AMERICAS INC. National Registered Agents Inc. CARLISLE COMPANIES INC. Via New York Secretary of State (BeL 307) Carlisle Companies Inc N. Community House Rd., Ste. 600 Charlotte, NC CATERPILLAR INC. CERTAINTEED CORP. CUMMINS INC. (f/k/a Cummins Engine Co. Inc.) Corporation Service Co. 80 State Street New York, NY DANA COMPANIES LLC Via New York Secretary of State (BeL 307) 4701 Cox Rd., Ste. 285 Glen Allen, VA DAIMLER BUSES NORTH AMERICA INC. (individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America) EATON CORP. GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.) NY Secretary of State

5 GENERAL ELECTRIC CO. NY Secreta ry of State GEORGIA-PACIFIC LLC GILLIG CORP. Via New York Secretary of State (BeL 307) Gillig Corp Clawiter Rd. Hayward, CA GKN ROCKFORD INC. Via New York Secretary of State (BCL 307) Corporation Service Co Centerville Rd., Ste. 400 Wilmington, DE GOODRICH AEROSTRUCTURES GROUP Via New York Secretary of State (BeL 307) (individually, doing business as and as successor to Rohr Inc. and Flxible Co.) c/o Goodrich Corp W. Tyvola Rd. Charlotte, NC GOODRICH CORP. HENNESSY INDUSTRIES INC. Via New York Secretary of State (BeL 307) Hennessy Industries Inc J.P. Hennessy Dr. LaVergne, TN HONEYWELL INTERNATIONAL INC. (f/k/a Corporation Service Co. Honeywell Inc., Allied Signal Inc. and Bendix 80 State Street Corp.) New York, NY KELSEY-HAYES CO. Corporation Service Co. 80 State Street New York, NY LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. Via New York Secretary of State (BeL 307) The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE L1PE AUTOMATION CORP. (f/k/a Upe-Rollway NY Secretary of State Corp.) MACK TRUCKS INC. MAREMONT CORP. Via New York Secretary of State (BCL 307)

6 Maremont Corp Maremont Pkwy. Loudon, TN ANO- The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE MERITOR INC. (individually and as successor to Rockwell International Corp.) MILLENNIUM TRANSIT SERVICES LLC Via New York Secretary of State (BeL 307) Millennium Transit Services LLC 400 N. Pennsylvania Ave., Ste. 700 Roswell, N M MOTOR COACH INDUSTRIES INTERNATIONAL Via New York Secretary of State (BeL 307) INC. (individually, doing business as and as successor to Motor Coach Industries Inc. Motor Coach Industries International Inc. and Rapid Transit Series) 200 E. Oakton St. Des Plaines, IL NMBFIL INC. (f/k/a Bondo Corp.) Via New York Secretary of State (BeL 307) The Prentice-Hall Corporation System Inc. 50 W. Broad St., Ste Columbus, OH NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flxible Co.) PERGAMENT HOME CENTERS INC. Via New York Secretary of State (BeL 307) c/o Charles H. Columbus 300 West St. White Plains, NY PREVOST CAR (US) INC. (d/b/a Prevost Bus) Via New York Secretary of State (BeL 307) The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE PNEUMO-ABEX LLC (individually and as Via New York Secretary of State (BeL 307)

7 successor to Abex Corp.} ROCKWELL AUTOMATION INC. ROHR INC. (individually, doing business as and as successor to Flxible Co.) ROLLS-ROYCE CORP. (as successor to Allison Engine Co.) THE GOODYEAR TIRE & RUBBER CO. UNION CARBIDE CORP. The Corporation Service Co Centerville Rd., Ste. 400 Wilmington, DE Corporation Service Co. 80 State Street New York, NY Corporation Service Co. 80 State Street New York, NY BOSTIK INC. Via New York Secretary of State (BeL 307) The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE INDUSTRIAL HOLDINGS (f/k/a The 1271 Sixth Ave. Carborundum Co.) New York, NY SAINT-GOBAIN ABRASIVES INC

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK x ROY BARBARINO and JOAN BARBARINO, Index No.: /2014 Plaintiffs, -against- BASF CATALYSTS LLC; BORGWARNER MORSE TEC INC.; BRIDGESTONE AMERICAS INC.; CARLISLE COMPANIES INC.; CATERPILLAR INC.; CERTAINTEED CORP.; CUMMINS INC. (f/k/a Cummins Engine Co. Inc.); DANA COMPANIES LLC; DAIMLER BUSES NORTH AMERICA INC. ( individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America); EATON CORP.; GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.); GENERAL ELECTRIC CO.; GEORGIA-PACIFIC LLC; GILLIG CORP.; GKN ROCKFORD INC.; GOODRICH AEROSTRUCTURES GROUP (individually, doing business as and as successor to Rohr Inc. and Flxible Co.); GOODRICH CORP.; HENNESSY INDUSTRIES INC.; HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.); KELSEY-HAYES CO.; LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.; LlPE AUTOMATrON CORP. (f/k/a Lipe-Rollway Corp.); MACK TRUCKS INC.; MAREMONT CORP.; MERITOR INC. (individually and as successor to Rockwell International Corp.); MILLENNIUM TRANSIT SERVICES LLC; MOTOR COACH INDUSTRIES INTERNATIONAL INC. (individually, doing business as and as successor to Motor Coach Industries Inc. and Rapid Transit Series); FIRST AMENDED VERIFIED COMPLAINT

9 NMBFILINC. (f/k/a Bondo Corp.); NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flxible Co.); PERGAMENT HOME CENTERS INC.; PREVOST CAR (US) INC. (d/b/a Prevost Bus); PNEUMO-ABEX LLC (individually and as successor to Abex Corp.); ROCKWELL AUTOMATION INC.; ROHR INC. (individually, doing business as and as successor to Flxible Co.); ROLLS-ROYCE CORP. (as successor to Allison Engine Co.); THE GOODYEAR TIRE & RUBBER CO.; UNION CARBIDE CORP.; BOSTIK INC.; INDUSTRIAL HOLDINGS (f/k/a The Carborundum Co.); SAINT-GOBAIN ABRASIVES INC., Defendants x Plaintiff, ROY BARBARINO, by and through his attorneys, THE LANIER LAW FIRM PLLC, upon information and belief, allege at all times hereinafter mentioned as follows: 1. Plaintiff, ROY BARBARINO, is a resident of North Bellmore, New York. 2. Plaintiff, JOAN BARBARINO, is the lawful spouse of ROY BARBARINO and is a resident of North Bellmore, New York. 3. Defendant BASF CATALYSTS LLC was and still is a duly organized 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. 4. Defendant BORGWARNER MORSE TEC INC. was and still is a duly organized 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

10 5. Defendant BRIDGESTONE AMERICAS INC. was and still is a duly organized 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. 6. Defendant CARLISLE COMPANIES INC. was and still is a duly organized 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 CATERPILLAR INC. was and still is a duly organized 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. 8. Defendant CERTAINTEED CORP. was and still is a duly organized 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 CUMMINS INC. (f/k/a Cummins Engine Co. Inc.) was and still is a duly organized 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. 10. Defendant DANA COMPANIES LLC. was and still is a duly organized 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. 11. Defendant DAIMLER BUSES NORTH AMERICA INC. (individually, doing business as and as successor to Orion International, Orion Bus Industries, Ontario Bus Industries and Bus Industries of America) was and still is a duly organized 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

11 12. Defendant EATON CORP. was and still is a duly organized 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. 13. Defendant GENERAL AUTOMOTIVE CORP. (individually, doing business as and as successor to Flxible Co.) was and still is a duly organized 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. 14. Defendant GENERAL ELECTRIC CO. was and still is a duly organized 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 GEORGIA-PACIFIC LLC was and still is a duly organized 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. 16. Defendant GILLIG CORP. was and still is a duly organized 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 GKN ROCKFORD INC. (individually, d/b/a and as successor to Kewanee Boiler Corp.) was and still is a duly organized 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. 18. Defendant GOODRICH AEROSTRUCTURES GROUP (individually, doing business as and as successor to Rohr Inc. and Flxible Co.) was and still is a duly organized corporation doing

12 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. 19. Defendant GOODRICH CORP. was and still is a duly organized 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 HENNESSY INDUSTRIES INC. was and still is a duly organized 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. 21. Defendant HONEYWELL INTERNATIONAL INC. (f/k/a Honeywell Inc., Allied Signal Inc. and Bendix Corp.) was and still is a duly organized 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. 22. Defendant KELSEY-HAYES CO. was and still is a duly organized 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. 23. Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. was and still is a duly organized 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 LlPE AUTOMATION CORP. (f/k/a Lipe-Rollway Corp.) was and still is a duly organized 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

13 25. Defendant MACK TRUCKS INC. was and still is a duly organized 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. 26. Defendant MAREMONT CORP. was and still is a duly organized 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. 27. Defendant MERITOR INC. (individually and as successor to Rockwell International Corp.) was and still is a duly organized 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 MILLENNIUM TRANSIT SERVICES LLC was and still is a duly organized 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. 29. Defendant MOTOR COACH INDUSTRIES INTERNATIONAL INC. (individually, doing business as and as successor to Motor Coach Industries Inc. and Rapid Transit Series) was and still is a duly organized 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. 30. Defendant NMBFIL INC. (f/k/a Bondo Corp.) was and still is a duly organized 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. 31. Defendant NORTHROP GRUMMAN SYSTEMS CORP. (f/k/a Northrop Corp. and Northrop Grumman Corp., individually, doing business as and as successor to Grumman Aerospace

14 Corp., Grumman Aircraft Engineering Corp., Grumman Corp, Grumman Flxible and The Flexible Co.) was and still is a duly organized 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. 32. Defendant PERGAMENT HOME CENTERS INC. was and still is a duly organized 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. 33. Defendant PREVOST CAR (US) INC. (d/b/a Prevost Bus) was and still is a duly organized 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. 34. Defendant PNEUMO-ABEX LLC (individually and as successor to Abex Corp.) was and still is a duly organized 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. 35. Defendant ROCKWELL AUTOMATION INC. was and still is a duly organized 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. 36. Defendant ROHR INC. (individually, doing business as and as successor to Flxible Co.)was and still is a duly organized 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 37. Defendant ROLLS-ROYCE CORP. (as successor to Allison Engine Co.) was and still is a duly organized 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. 38. Defendant THE GOODYEAR TIRE & RUBBER CO. was and still is a duly organized 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. 39. Defendant UNION CARBIDE CORP. was and still is a duly organized 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. 40. Defendant BOSTIK INC. was and still is a duly organized 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. 41. Defendant INDUSTRIAL HOLDINGS (f/k/a The Carborundum Co.) was and still is a duly organized 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. 42. Defendant SAINT-GOBAIN ABRASIVES INC. was and still is a duly organized 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. 43. Plaintiff repeats and re-alleges NYCAL - THE LANIER LAW FIRM PLLC STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. AS AND FOR A FORTY-THIRD CAUSE OF ACTION PUNITIVE DAMAGES 40. Plaintiffs repeat and reiterate the prior allegations of this complaint as if alleged more

16 fully below. 41. Defendants acted maliciously, wantonly and recklessly, and demonstrated a conscious indifference and utter disregard of the health, safety and rights of others, by acting with an improper motive or vindictiveness and with outrageous or oppressively intentional misconduct, such actions representing a high degree of immorality and showing wanton dishonesty as to imply a criminal indifference to civil obligations, thereby warranting an award of punitive damages. Dated: March 13, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) 126 East 56 th Street, 6 th Floor New York, New York Tel.: (212)

17 STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an associate of THE LANIER LAW FIRM PLLC, counsel for the Plaintiff/s in the within action; deponent has read the foregoing Supplemental Summons and First 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 same to be true. This verification is made by deponent and not by Plaintiff/s, because Plaintiff/s reside/s outside of the County of New York, where the deponent maintains his office. Dated: March 13, 2014 New York, New York

18 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: ROY BARBARINO and JOAN BARBARINO, Plaintiffs, CERTIFICATION -against- BASF CATALYSTS LLC, et ai., Defendants. DARRON E. BERQUIST, ESQ., an attorney duly admitted to practice before the Courts of the State of New York, hereby certifies, in accordance with 22 NYCRR Part a of the Rules of the Chief Administrator, that to the best of my knowledge, information and belief, which was formed after a reasonable inquiry under the circumstances, the presentation of the foregoing Supplemental Summons and First Amended Verified Complaint and its contents are not frivolous, as the term is defined in Part 130. Dated: March 13, 2014 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiff(s) 126 East 56 th Street, 6 th Floor New York, New York Tel.: (212)