FILED: NEW YORK COUNTY CLERK 04/03/2014 INDEX NO. 190017/2013 NYSCEF DOC. NO. 47 RECEIVED NYSCEF: 04/03/2014 Exhibit 1
SCANNED ON 121712011 SUPREME COURT THE STATE NEW YORK COUNTY NEW YORK... X Index No.: 190147-09 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
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 10003 (212) 558-5500 Supreme Court Records OnLine Library - page 2 of 15
Kerryann Cook Esq MCGIVNEY KLUGER, P.C 80 Broad Street 23rd Floor New York, NY 10004 (212) 509-3456 fax:(212) 509-4420 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 10038 (212) 791-1791 fax:(212) 791-0286 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 10003 Erik DiMarco Esq Julie Evans Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN DICKER, LLP 150 East 42nd Street New York, NY 10017 (212) 490-3000 fax:(2 12) 490-3038 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
Andrew Czerepark Esq. CONSOLIDATED EDISON Four Irving Place New York, NY 10003 (212) 460-2164 fax:(212) 780-6483 CONSOLIDATED EDISON COMPANY NEW YORK, INC. Kirsten Kneis Esq. K L GATES LLP 599 Lexington ave New York, NY 10022 (212) 536-3900 fax :(212) 536-3901 CRANE CO. John Fanning Esq. CULLEN AND DYKMAN BLEAKLEY PLATT, LLP 177 Montague Street Brooklyn, NY 11201 (718) 855-9000 fax:(718) 935-1509 EL HANSSON, INC. Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY 11207 EMPIRE-ACE INSULATION MFG. CORP. Michael Tanenbaum Esq SEDGWICK, LLP Three Gateway Center, 12th Floor Newark, NJ 07102-5311 (973) 242-0002 fax:(973) 242-8099 GENERAL ELECTRIC COMPANY WElTZ LUXENBERG, P.C. NEW YORK, NY 10003 Scott Emery Esq. LYNCH DASKAL EMERY LLP 264 West 40TH Street New York, NY 10018 (212) 302-2400 fax :(212) 302-2210 GEORGIA PACIFIC LLC. GOODYEAR CANADA, INC. THE GOODYEAR TIRE AND RUBBER COMPANY Supreme Court Records OnLine Library - page 4 of 15
Patrick Dwyer Esq. SMITH, STRATTON, WISE, HEHER BRENNAN 2 Research Way Princeton, NJ 08540 (609) 734-6186 fax:(609) 987-6651 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 08736 (732) 528-8888 fax: (732) 528-4445 INGERSOLL-RAND COMPANY Lawrence D Aloise Esq CLARK, GAGLIARDI MILLER, P.C. 99 Court Street White Plains, NY 10601 (914) 946-8900 fax:(914) 946-8960 INTERNATIONAL PAPER COMPANY KAREN CAMPBELL ESQ. LEWIS BRISBOIS BISGAARD SMITH, LLP 77 Water Street, 21st Street New York, NY 10005 (212) 232-1300 fax:(212) 232-1399 KAISER GYPSUM COMPANY, INC. WElTZ LUXENBEHG, P.C. NEW YORK, NY 10003 Paul Scrudato Esq 666 Fifth Avenue 17th Floor New York, NY 10103 (212) 753-5000 fax:(212) 753-5044 OWENS-ILLINOIS, INC. Supreme Court Records OnLine Library - page 5 of 15
Amiel Gross Esq. SONNENSCHEIN NATH ROSENTHAL 1221 Avenue of the Americas New York, NY 10020 (212) 398-4867 fax:(212) 768-6800 RAPID-AMERICAN CORPORATION Todd Roth GIBBONS, P.C. One Gateway Center Newark, NJ 07102 (973) 596-4500 fax:(973) 596-0545 SHERWIN WILLIAMS COMPANY Regina Giovanni Esq. Woolworth Bldg 233 Broadway, Suite 2220 New York, NY 10279 (212) 227-7876 fax:(:! 12) 571-6050 TURNER CONSTRUCTION COMPANY Geneiveve MacSteel Esq. MCGUIRE WOODS, LLP 1345 Avenue of the Americas #7 New York, NY 10105 WEYERHAEUSER COMPANY WElTZ LUXENBERG, P.C. NEW YORK, NY 10003 Supreme Court Records OnLine Library - page 6 of 15
SUPREME COURT THE STATE NEW YORK COUNTY NEW YORK ---------------- -------------------------------------- X Index No.: 190147-09 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 10003 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
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 10003 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
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 10003 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
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 10003 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
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 10003 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
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 10003 (212) 558-5500 WEITZ 84 LUXENBERG, P.C. NEW YORK, NY 10003 Supreme Court Records OnLine Library - page 12 of 15
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 10003 Supreme Court Records OnLine Library - page 13 of 15
Supreme Court Records OnLine Library - page 14 of 15 a
Supreme Court Records OnLine Library - page 15 of 15