FILED: NEW YORK COUNTY CLERK 06/17/2014 INDEX NO. 190138/2014 NYSCEF DOC. NO. 14 RECEIVED NYSCEF: 06/17/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------X FLORENCE NEMETH and FRANCIS NEMETH, : Index No. 190138/2014 - against Plaintiffs, BRENNTAG NORTH AMERICA, as a successor-in interest to Mineral Pigment Solutions, Inc., as a successor-in-interest to \Vhittaker, Clark & Daniels, Inc., BRENNTAG SPECIALITIES, INC" f/k/a Mineral Pigment Solutions, Inc., as a successor-in-interest to Whittaker, Clark & Darnels, Inc., CBS CORPORATION, f/kla Viacom, Inc., successor by merger to CBS Corporation, f/kla Westinghouse Electric Corporation, GENERAL ELECTRIC COMPANY, SHULTON, INC., individually and as successsor to The Shulton Group and Shulton, Inc., THE PROCTER & GAMBLE COMPANY, As successor-ininterest to The Shulton Group and/or Shulton Inc., THE SCOTTS COMPANY, LLC, UNION CARBIDE CORP., WHITTAKER CLARK & DANIELS, INC.; WYETH HOLDINGS CORPORATION f/k/a American Cynamid Company, individually and as successor-in-interest to Shulron, Inc., and DAP,INC.; GEORGIA-PACIFIC LLC; OTIS ELEVATOR COMPANY; SCHINDLER ELEVATOR CORPORATION; and THYSSENKRUPP ELEVATOR COMPANY, as successor~in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company, Defendants. - --- ---- - ----- - ----- - ---- --- ---X NOTICE OF AMENDMENT l(onigsberg, l.l.p "0" THIRe A~ENUE NEw "DU, ~, '"0'1
TO: DAP, INC. GEORGIA-PACIFIC LLC OTIS ELEVATOR COMPANY SCHINDLER ELEVATOR CORPORATION THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company, Plaintiffs amend their complaint to add OAF, INC.; THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division ofthyssenkrupp Elevator Company, GEORGIA-PACIFIC LLC; OTIS ELEVATOR COMPANY; and SCHINDLER ELEVATOR CORPORATION as additional defendants. The Amended Complaint reflecting such addition is attached hereto. Dated: New York, New York June 17, 2014 B v: I T'Oo...,~... (~';,\ I :::or,''' KONIGSBERG, L.L.P. aoo THI~O"~ENU~ NE... YO~K NY '"011
SUPREME COURT OFTHE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------x FLORENCE NEMETH and FRANCIS : Index No. 190138/2014 NEMETH, Plaintiffs, AMENDED SUMMONS - against Plaintiff Resides at: 289 Avenue B BRENNTAG NORTH AMERICA, as a Lake Ronkonkoma, NY 11799 successor-in interest to ~1ineral Pigment Solutions, Inc" as a Plaintiff designate New York County as Place of successor-in-interest to Whittaker, Clark Trial & Daniels, Inc., BRENNTAG SPECIALITIES, INC., Mineral Pigment Solutions, f/k/a Inc., as a successor-in-interest to Whittaker, Clark & Daniels, Inc., CBS CORPORATION, Uk/a Viacom, Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, GENERAL ELECTRIC COMPANY, SHULTON, INC., individually and as successsot to The Shulton Group and Shulton, Inc., THE PROCTER & GAMBLE COMPANY, The As successor-ininterest to Shulton Group and/or Shulton Inc., THE SCOTTS COMPANY, LLC, UNION CARBIDE CORP., WHITTAKER CLARK & DANIELS, INC.; WYETH HOLDINGS CORPORATION f/k/a American Cynamid Company, individually and as successor-in-interest to Shulton, Inc., and OAF, INC.; GEORGIA-PACIFIC LLC; OTIS ELEVATOR COMPANY; SCHINDLER ELEVATOR CORPORATION; and THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division ofthyssenkrupp Elevator Company, Defendants. - - --- - --- ------- - --- - ---- ------X Place of venue is based upon defendants' place of business Trial by Jury Demanded TO: DAP, INC. THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company; GEORGIA-PACIFIC LLC LEVV PHILLIPS & KONIGSBERG, LL.P. om THIAO AV~~~~ ~E.. yoak ~ y '00"
OTIS ELEVATOR COMPANY SCHINDLER ELEVATOR CORPORATION You are hereby summoned to answer in this action and to serve a copy of your answer. or, if the Icomplaint is not served with this summons, to serve a notice of appearance. on the Plaintiffs' Attorneys within 20 days after the service of this summons, exclusive of the day of service or within 30 days after the service is 'complete is 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 againsr you by default for the relief demanded in the lcomplaint. Dared: NewYork,NewYork June 17,2014 By: I~/"fl~\, I TO: GEORGIA-PACIFIC CORPORATION 133 Peachtree St., N.E. Atlanta, GA 30303 SCHINDLER ELEVATOR CORPORATION 20 Whippany Rd Morristown, New Jersey, 07960 DAP, INC.; Via Secretary ofstate OTIS ELEVATOR COMPANY Via Secretary ofstate THYSSENKRUPP ELEVATOR COMPANY. as successor-in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company, Via Secretary of State KOI\IIGSBE:RG. L.L,P 00320719.wPD SOO TH'~O AVEPlV~ lin. york PI y,oon
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X FLORENCE NEMETH and FRANCIS Index No. 190138/2014 NEMETH, - against Plaintiffs, BRENNTAG NORTH AMERICA, as a successor-in interest to Mineral Pigment Solutions, Inc., as a successor-in-interest to \X!h.i.ttaker, Clark & Daniels, Inc., BRENNTAG SPECIALITIES, INC., Elk/a Minentl Pigment Solutions, Inc., as a successor-in-interest to \Xlhittaker, Clark & Daniels, Inc., CBS CORPORATION, f/kla Viacoffi) Inc., successor by merger to CBS Corporation, f/k/a Westinghouse Electric Corporation, GENERAL ELECTRIC COMPANY, SHULTON, INC., individually and as successsor to The Shulton Group and Shulton, Inc., THE PROCTER & GAMBLE COMPANY, As successor-ininterest to The Shulton Group andlor Shulton Inc., THE SCOTTS COMPANY, LLC, UNION CARBIDE CORP., WHITTAKER CLARK & DANIELS, INC.; WYETH HOLDINGS CORPORATION f/k/a American Cynamid Company, individually and as successor-in-interest to Shulton, Inc., and DAP, INC.; GEORGIA PACIFIC LLC; OTIS ELEVATOR COMPANY; SCHINDLER ELEVATOR CORPORATION; and THYSSENKRUPP ELEVATOR COMPANY, as successor-in~interest to Dover Corporation, a division ofthyssenkrupp Elevator Company, AMENDED COMPLAINT Trial By Jury Demanded Defendants. ------------------------------X KQNU3SeEFl.G, L L P 'M T~'RO AVE"U~ HEW YORK. N Y \O~U
TO THE ABOVE NAIvlED DEFENDANTS: Plaintiffs, by their attorneys, Levy, Phillips & Konigsberg, L.L.P., for their Amended Complaint respectfully allege as follows: ated: NewVork, NewVork June 17, 2014 1. Plaintiffs repeat and allege New York Asbestos Litigation Standard Complaint No.1 as if fully incorporated herein. 2. Plaintiffs amend their Complaint to add Defendants DAP, INC.; THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company; GEORGIA-PACIFIC LLC; OTIS ELEVATOR COMPANY; and SCHINDLER ELEVATOR CORPORATION. LEVY KONIGSBERG, L.L.P. AttornryJfor Plaintiffi By: BrendanJ. Tully 800 Third Avenue, 11'" Floor NewVork, NY 10022 (212) 605-6200 LEVY PHILLIPS" KON1GSBERG, L.L.P {OO339452.WPD) 100 TM,Ro "VE"U~ 'lew YOR~.. Y,"""
AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ).85.: COUNTY OF NEW YORK ) I, ALYZA M. BARRAL, being duly sworn, depose and say that I am an employee of Levy Konigsberg LLP, the attorneys for the plaintiffs herein, that I am over 18 years of age and not a party to the within action, that on the 17th day of June, 2014, a copy of the within NOTICE OF AMENDMENT, AMENDED SUMMONS AND AMENDED COMPLAINT was mailed via ftrst class mail to the following: Jill Berry, Esq. SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY 10103 Attomeys for The Procter & Gamble Company, as successor-in-interest to The Shulton Group and/or Shulton Inc. and SHULTON, INC., individually and as successsor to The Shulton Group and Shulton, Inc. Jason Riemer, Esq. HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Stteet P.O. Box 480 New Brunswick, NJ 08903 Attomeys for BRENNTAGNORTHAMERICA, as a successor-in interest to Mineral Pigment Solutions, Inc., as a successor-in-interest to Whittaker, Clark & Daniels, Inc. and BRENNTAG SPECIALITIES, INC., f/k/a Mineral Pigment Solutions, Inc., as a successor-in-interest to Whittaker, Clark & Daniels, Inc. Dennis Vega, Esq. SEDGWICK LLP Three Gateway Center, 12th Floor Newark, NJ 07102 Attomeys for CBS CORPORATION, f/k/a Viacom, Inc., successor bymerger to CBS Corporation, f/k/a Westinghouse Electric Corporation and GENERAL ELECTRIC COMPANY Carl Figueroa, Esq. HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street P.O. Box 480 New Brunswick, NJ 08903 Attomeys for WHITTAKER CLARK& DANIELS, INC. Christopher Renzulli, Esq. Nicole Spence RENZULLI LAW FIRM, LLP 81 Main StreetSuite 508 White Plains, NY 10601 Attomeys for WYETHHOLDINGS CORPORATION f/k/a American Cynamid Company, individually and as successor-in-interest to Shu/ton, Inc. KONIGSBERG, LLP {00339452.WPD) '"" THIRO A~'''''E HE... TOR".. T loon
II David Schaffer, Esq MALABY & BRADLEY, LLC 150 Broadway, Suite 600 New York, NY 10038 Atroroeys for THE SCOTTS COMPANY, LLC Judith Yavitz, Esq. DARGER ERRANTE YAVITZ & BLAU, LLP 116 East 27th Street 12th Floor New York, NY 10016 Atroroeys for UNION CARBIDE CORP. by mailing a true copy of the attached papers, enclosed and properly sealed in a postpaid envelope, which I deposited in an official depository under the exclusive care and)qtody of the United StawvB6stal Se~s within the State of New York addressed to said attorneys. -.. Sworn to before me this 17th day ofjune, 2014 ~dij~23~~ MICHBU! SPEDCHIA NollIryNIIIo, 8I11III of... No.018F8OCBlilIt eorn=:s~~ LEV'( PHILLIPS & KONIGSBERG, L.L.P. aoo l~'rc A\lE~UE NEw vor~ ~ Y '00>'