FILED: NEW YORK COUNTY CLERK 08/23/2016 01:21 PM INDEX NO. 190081/2015 NYSCEF DOC. NO. 100 RECEIVED NYSCEF: 08/23/2016 THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L. 1 of 9
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X Index No.: 190081/2015 ANDREW OPEL and MATTHEW OPEL, as Executors of the Estate of ROBERT W. OPEL, Date Filed: 08/23/2016 -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., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, 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, DAP PRODUCTS, INC. EMPIRE-ACE INSULATION MFG. CORP., GENERAL ELECTRIC COMPANY, GRINNELL, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, PEERLESS INDUSTRIES INC., UNION CARBIDE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY HITCHINGS & COMPANY, Defendants, ---------------------------------------------------------------------------X To the above named Defendant(s) SUPPLEMENTAL SUMMONS 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 2 of 9
failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, 08/23/2016 New York, New York Defendant s address: THE WILLIAMS LAW FIRM, P.C. Attorney(s) for Plaintiff 245 Park Ave 39 th Floor SEE ATTACHED DEFENDANTS RIDER New York, NY 10167 (212) 668-1122 3 of 9
DEFENDANTS RIDER Michelle Grady Esq. ECKERT SEAMANS CHERIN & MELLOTT, LLC 10 Bank Street, Suite 700 White Plains, NY 10606 Phone # (914) 949-2909 Fax # 914.949.5424 A.O. SMITH WATER PRODUCTS COMPANY Nancy McDonald Esq. MCELROY, DEUTCH & MULVANEY 1300 Mount Kemble Avenue P.O. Box 2075 Morristown, NJ 07962 Tel: (973) 993-8100 Fax: (973) 425-0161 BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION John Howarth, Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street, Suite 3100 Philadelphia, PA 19103 Tel: (212) 858 7575 Fax: (212) 943 9246 KARNAK CORP. Christopher S. Kozak, Esq. LANDMAN CORSI BALLAINE & FORD, P.C. One Gateway Center, 4th Floor Newark, New Jersey 07102 Tel: (973) 623-2700 Fax: (973) 623-4496 AMERICAN BILTRITE, INC., Individually and as Successor to AMTICO, Kerryann Cook Esq. MCGIVNEY & KLUGER, P.C 80 Broad Street, 23rd Floor New York, NY 10004 Tel: (212) 509-3456 Fax: (212) 509-4420 DAP PRODUCTS, INC., 4 of 9
Michael Tanenbaum Esq. SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ 07102-5311 (973) 242-0002 Fax: (973) 242-8099 CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC 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 10016 Tel: 212.452.5378 Fax: 212-452-5301 UNION CARBIDE CORPORATION Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY 11201 EMPIRE-ACE INSULATION MFG. CORP. Brady Edwards, Esq. MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street Suite 4000 Houston, TX 77002 Phone: (713) 890-5110 Fax: (713) 890-5001 GRINNELL, LLC, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING Co., Inc., and as successor to GRINNELL VALVE CO., INC. Donald Pugliese, Esq. McDERMOTT, WILL & EMERY 340 MADISON AVENUE New York, NY 10173 Phone # (212) 547 5400 Fax # (212) 547 5444 HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX Philip J. O Rourke, Esq. Karen Campbell Esq. LEWIS BRISBOIS BISGAAD & SMITH, LLP 77 Water Street, Suite 2100 5 of 9
New York, NY10005 Phone # (212) 232-1300 Fax # (212) 232-1399 KAISER GYPSUM COMPANY, INC. and PEERLESS INDUSTRIES INC., Theodore Eder Esq. SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue, Suite 1100 New York, NY 10022 Phone: 212-651-7500 Fax: 212-651-7499 WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY HITCHINGS & COMPANY 2 Main Street Irvington, New York, 10533 6 of 9
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X Index No.: 190081/2015 ANDREW OPEL and MATTHEW OPEL, as Executors of the Estate of ROBERT W. OPEL, Date Filed: 08/23/2016 -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., AMERICAN BILTRITE, AMENDED Individually and as successor to AMTICO FLOORS, VERIFIED BURNHAM LLC, Individually, and as successor to COMPLAINT BURNHAM CORPORATION, CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, DAP PRODUCTS, INC. EMPIRE-ACE INSULATION MFG. CORP., GENERAL ELECTRIC COMPANY, GRINNELL, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, PEERLESS INDUSTRIES INC., UNION CARBIDE CORPORATION, WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY HITCHINGS & COMPANY, Defendants, ---------------------------------------------------------------------------X Plaintiff(s), ANDREW OPEL and MATTHEW OPEL, as Executors of the Estate of ROBERT W. OPEL, by their attorneys THE WILLIAMS LAW FIRM, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 7 of 9
1. Plaintiff(s), ANDREW OPEL and MATTHEW OPEL, as Executors of the Estate of ROBERT W. OPEL, by their attorneys, THE WILLIAMS LAW FIRM, P.C., for their amended verified complaint respectfully alleges: Plaintiff(s),, ANDREW OPEL and MATTHEW OPEL, as Executors of the Estate of ROBERT W. OPEL, repeats and realleges NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY NO. 1 and NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR WRONGFUL DEATH NO. 1 as fully incorporated herein as it pertains to the defendants in the aforementioned caption. 2. Defendant HITCHINGS AND COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant HITCHINGS AND 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: 08/23/2016 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 10167 (212) 668-1122 8 of 9
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: 08/23/2016 New York, New York /S/ JOSEPH P. WILLIAMS 9 of 9