FILED: NEW YORK COUNTY CLERK 01/15/2014 10/01/2017 03:21 PM INDEX NO. 190276/2013 190202/2015 NYSCEF DOC. NO. 82 1077 RECEIVED NYSCEF: 01/15/2014 10/01/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X MARLENA F. ROBAEY and EDWARD ROBAEY, Index No.: 190276-13 Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BELL & GOSSETT COMPANY, BIRD INCORPORATED, BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC., BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., COLUMBIA BOILER COMPANY OF POTTSTOWN, CRANE CO., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DANA COMPANIES, LLC, FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC., FMC CORPORATION, The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS
on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOULDS PUMPS, INC., GRINNELL LLC, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC.,, ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, KAISER GYPSUM COMPANY, INC., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., KONE INC. i/s/h/a KONE ELEVATORS, INC., Individually and as successor to ARMOR ELEVATOR CO., LENNOX INDUSTRIES, INC., MANNINGTON MILLS, INC., OAKFABCO, INC., OTIS ELEVATOR COMPANY, OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RIVER & LLOYD CORPORATION, F/K/A as THE BIGELOW COMPANY, ROPER PUMP COMPANY, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, STANDARD MOTOR PRODUCTS, INC., SUPERIOR BOILER WORKS, INC., TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THYSSENKRUPP ELEVATOR CORPORATION, Individually and as successor in interest to DOVER ELEVATOR COMPANY, U.S. PLYWOOD CORPORATION, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION,
VELAN VALVE CORPORATION, VELLUMOID INC., VIKING PUMP, INC., WARREN PUMPS, LLC, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, WEINMAN PUMP & SUPPLY CO., WEYERHAEUSER COMPANY, FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, as successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, Defendants -----------------------------------------------------------------------------X To the above named Defendant(s) You are hereby summoned to answer the fifth 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 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 failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated, January 14, 2014 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
DEFENDANTS' RIDER John Howarth Esq WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA 19103 (215) 564-4141 fax:(215) 564-4385 AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. Jennifer Darger Esq Judy Yavitz Esq DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27th Street 12th Floor New York, NY 10016 (212) 452-5300 fax:(212) 452-5301 AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC. CERTAINTEED CORPORATION DANA COMPANIES, LLC LENNOX INDUSTRIES, INC. UNION CARBIDE CORPORATION Erik DiMarco Esq JULIE EVANS ESQ. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 150 East 42nd Street 23rd Floor New York, NY 10017 (212) 915-5126 fax:(212) 490-3038 AMERICAN BILTRITE INC. BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION CARRIER CORPORATION CLYDE UNION, INC. OTIS ELEVATOR COMPANY
Chris Gannon Esq Robert Kenney Esq Steven Rosenblatt Esq Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY 10022 (212) 651-7500 fax:(212) 651-7499 AURORA PUMP COMPANY BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES BYRON JACKSON PUMPS GARDNER DENVER, INC. MANNINGTON MILLS, INC. WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC Suzanne Halbardier Esq. BARRY MCTIERNAN & MOORE 2 Rector Street 14th Floor New York, NY 10006 (212) 313-3600 fax:(212) 608-8902 AZROCK INDUSTRIES, a Division of DOMCO, INC. CLEAVER BROOKS COMPANY, INC. Philip Goldstein Esq MCGUIRE WOODS, LLP 1345 Avenue of the Americas 7th Floor New York, NY 10105 (212) 548-7012 fax:(212) 715-2315 BELL & GOSSETT COMPANY ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,
Lisa Pascarella Esq PASCARELLA DIVITA LINDENBAUM & TOMASZEWSKI, PLLC 2137 Route 35, Suite 290 Holmdel, NJ 07733 (732) 837-9019 fax:(732) 203-2380 BIRD INCORPORATED Anna DiLonardo Esq MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN (LONG 888 Veterans Memorial Highway Suite 540 Hauppauge, NY 11788 (631) 232-6130 fax:(631) 232-6184 BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC. THYSSENKRUPP ELEVATOR CORPORATION, Individually and as successor in interest to DOVER ELEVATOR COMPANY James Skelly Esq MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. 530 Saw Mill River Road Suite 2 Elmsford, NY 10523 (914) 345-3701 fax:(914) 345-3743 CATERPILLAR, INC. 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 GENERAL ELECTRIC COMPANY
Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY 10004 (212) 509-3456 fax:(212) 509-4420 COLUMBIA BOILER COMPANY OF POTTSTOWN THE FAIRBANKS COMPANY Kirsten Kneis Esq. K & L GATES LLP 599 Lexington ave 32nd Floor New York, NY 10022 (212) 536-3900 fax:(212) 536-3901 CRANE CO. Bob Malaby Esq Dave Schaefer Esq Eva Wayne Esq Mary Ellen Connor Esq MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY 10038 (212) 791-0285 fax:(212) 791-0286 CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC. ROPER PUMP COMPANY SUPERIOR BOILER WORKS, INC. VELLUMOID INC. VIKING PUMP, INC. Nancy McDonald Esq. MCELROY, DEUTCH, MULVANEY & CARPENTER LLP (NJ) 1300 Mount Kemble Avenue Morrisontown, NJ 07962 (973) 425-8703 fax:(973) 425-0161 FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company
Christopher Hannan Esq KELLEY, JASONS, MCGOWAN, SPINELLI & HANNA, LLP Two Liberty Place, Suite 1900 50 South 16th Street Philadelphia, PA 19102 (212) 344-7400 fax:(212) 344-7402 FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC. FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES Scott Emery Esq. LYNCH DASKAL & EMERY LLP 264 West 40TH Street 18th Floor New York, NY 10018 (212) 302-2400 fax:(212) 302-2210 GEORGIA PACIFIC LLC. John Fanning Esq. Raghu Bandlamudi Esq. CULLEN AND DYKMAN, LLP 44 Wall Street 15th Floor New York, NY 10005 (212) 732-2000 fax:(212) 742-2156 GOULDS PUMPS, INC. Paul Scrudato Esq. SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY 10103 (212) 753-5000 fax:(212) 753-5044 GRINNELL LLC OWENS-ILLINOIS, INC.
DONALD PUGLIESE Esq. MCDERMOTT, WILL & EMERY 340 Madison Avenue 14th Floor NEW YORK, NY 10173 (212) 547-5400 fax:(212) 547-5444 HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX David Goodearl Esq. Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue 17th Floor New York, NY 10017 (212) 486-2400 fax:(212) 486-3099 IMO INDUSTRIES, INC., WARREN PUMPS, LLC KAREN CAMPBELL ESQ. Philip O'Rourke Esq LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street, 21st Floor New York, NY 10005 (212) 232-1300 fax:(212) 232-1399 KAISER GYPSUM COMPANY, INC. PEERLESS INDUSTRIES, INC. Richard Marin Esq. MARIN GOODMAN, LLP 500 Mamaroneck Ave Suite 501 Harrison, NY 10528 (212) 661-1151 fax:(212) 661-1141 KEELER-DORR-OLIVER BOILER COMPANY
Marc Gaffrey Esq. Monica Kostrzewa Esq. Sandy Farrell Shzia Chaudhri de Wit Esq. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 40 Paterson Street New Brunswick, NJ 08903 (732) 545-4717 fax:(732) 545-4579 KOHLER CO. Ellen Margolis Esq Francis Montbach Esq Jason Warshaw Esq. MOUND, COTTON, WOLLAN & GREENGRASS One Battery Park Plaza New York, NY 10004 (212) 804-4512 fax:(212) 344-8066 KONE INC. i/s/h/a KONE ELEVATORS, INC., Individually and as successor to ARMOR ELEVATOR CO. Edward Abbot Esq Mark Hsu Esq HAWKINS, PARNELL, THACKSTON & YOUNG 90 Broad Street, 4th Floor New York, NY 10004 (212) 897-9655 fax:(646) 589-8700 OAKFABCO, INC. PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX) Nicole Spence Esq RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY 10601 (914) 285-0700 fax:(914) 285-1213 PFIZER, INC. (PFIZER)
Cynthia Messemer Esq George Hodges Esq HODGES WALSH & SLATER, LLP 55 CHURCH ST SUITE 211 WHITE PLAINS, NY 10601 (914) 385-6000 fax:(914) 385-6060 SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY Richard O'Leary Esq. Richard.oleary@troutmansanders.com TROUTMAN SANDERS The Chrystler Building 405 Lexington Avenue New York, NY 10174 (212) 704-6000 fax:(212) 704-6288 STANDARD MOTOR PRODUCTS, INC. James Nowak Esq. KENNEY SHELTON LIPTAK & NOWAK, LLP 233 Franklin Street Buffalo, NY 14202 (716) 853-3801 fax:(716) 853-0265 TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING Patrick Dwyer Esq. SMITH, STRATTON, WISE, HEHER & BRENNAN 2 Research Way Princeton, NJ 08558 (609) 734-6186 fax:(609) 987-6651 THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION) John Rand Esq. CLARK, GAGLIARDI & MILLER, P.C. 99 Court Street Suite 100 White Plains, NY 10601 (914) 946-8900 fax:(914) 946-8960 U.S. PLYWOOD CORPORATION
Norman Senior Esq. GREENFIELD, STEIN & SENIOR 600 Third Avenue, 11th Floor New York, NY 10016 (212) 818-9600 fax:(212) 818-1264 U.S. RUBBER COMPANY (UNIROYAL) Thomas Toman Esq FORMAN PERRY WATKINS KRUTZ & TARDY LLP 328 Newman Springs Road Red Bank, NJ 07701 (732) 212-9400 fax:(732) 852-4401 VELAN VALVE CORPORATION WEYERHAEUSER COMPANY JAMES ABRAHAM Esq LAW OFFICES OF JAMES E. ABRAHAM 5001 Baum Blvd, Suite 419 Pittsburgh, PA 15213 (412) 621-1903 fax:(412) 621-1729 WEINMAN PUMP & SUPPLY CO. FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO. C/O Wilmington Trust SP Services 1105 N. Market Street, Suite 1300 Wilmington, DE 19801 FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION C/O Wilmington Trust SP Services, INC 1105 N. Market Stree, Suite 1300 Wilmington, DE 19801
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X Index No: 190276-13 MARLENA F. ROBAEY and EDWARD ROBAEY, Date Filed: -against- Plaintiff(s), AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BELL & GOSSETT COMPANY, BIRD INCORPORATED, BORG-WARNER CORPORATION, by its successor-in-interest, BORG-WARNER MORSE TEC, INC., BURNHAM, LLC, Individually, and as successor to BURNHAM CORPORATION, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, BYRON JACKSON PUMPS, CARRIER CORPORATION, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., COLUMBIA BOILER COMPANY OF POTTSTOWN, CRANE CO., CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., DANA COMPANIES, LLC, FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC., FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, FIFTH AMENDED VERIFIED COMPLAINT
GEORGIA PACIFIC LLC., GOULDS PUMPS, INC., GRINNELL LLC, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, IMO INDUSTRIES, INC.,, ITT INDUSTRIES, INC. Individually and as Successor-in-interest to HOFFMAN SPECIALTY, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, KAISER GYPSUM COMPANY, INC., KEELER-DORR-OLIVER BOILER COMPANY, KENNEDY VALVE MANUFACTURING Co., Inc., KOHLER CO., KONE INC. i/s/h/a KONE ELEVATORS, INC., Individually and as successor to ARMOR ELEVATOR CO., LENNOX INDUSTRIES, INC., MANNINGTON MILLS, INC., OAKFABCO, INC., OTIS ELEVATOR COMPANY, OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES, INC., PFIZER, INC. (PFIZER), PNEUMO ABEX LLC, successor in interest to ABEX CORPORATION (ABEX), RIVER & LLOYD CORPORATION, F/K/A as THE BIGELOW COMPANY, ROPER PUMP COMPANY, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, STANDARD MOTOR PRODUCTS, INC., SUPERIOR BOILER WORKS, INC., TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THYSSENKRUPP ELEVATOR CORPORATION, Individually and as successor in interest to DOVER ELEVATOR COMPANY, U.S. PLYWOOD CORPORATION, U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VELAN VALVE CORPORATION, VELLUMOID INC., VIKING PUMP, INC., WARREN PUMPS, LLC, WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, WEINMAN PUMP & SUPPLY CO.,
WEYERHAEUSER COMPANY, FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, Defendants -----------------------------------------------------------------------------X Plaintiff(s), MARLENA F. ROBAEY and EDWARD ROBAEY, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), MARLENA F. ROBAEY and EDWARD ROBAEY, by their attorneys, WEITZ & LUXENBERG, P.C., for their fifth amended verified complaint respectfully alleges: 2. Defendant AIR & LIQUID SYSTEMS CORPORATION, as successorby-merger to BUFFALO PUMPS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant AMERICAN BILTRITE INC., was and still is a duly organized 4. Defendant AURORA PUMP COMPANY, was and still is a duly organized 5. Defendant AZROCK INDUSTRIES, a Division of DOMCO, INC., was and still is a duly organized 6. Defendant AZROCK INDUSTRIES, a Division of DOMCO, 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.
7. Defendant BELL & GOSSETT COMPANY, was and still is a duly organized 8. Defendant BIRD INCORPORATED, was and still is a duly organized 9. Defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, was and still is a duly organized 10. Defendant BYRON JACKSON PUMPS, was and still is a duly organized 11. Defendant CARRIER CORPORATION, was and still is a duly organized 12. Defendant CLYDE UNION, INC., was and still is a duly organized 13. Defendant COLUMBIA BOILER COMPANY OF POTTSTOWN, was and still is a duly organized 14. Defendant CROWN BOILER CO., f/k/a CROWN INDUSTRIES, INC., was and still is a duly organized 15. Defendant FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. CO., was and still is a duly organized 16. Defendant FEDERAL- MOGUL ASBESTOS PERSONAL INJURY TRUST as a successor to FELT PRODUCTS MFG. 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. 17. Defendant FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL
CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST, As successor to the former VELLUMOID, INC. division of FEDERAL-MOGUL CORPORATION, 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. 19. Defendant FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant FMC CORPORATION on behalf of its former subsidiary, CROSBY VALVE, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 21. Defendant FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, was and still is a duly organized domestic corporation doing business in the State of New York. 22. Defendant GARDNER DENVER, INC., was and still is a duly organized 23. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized 24. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant IMO INDUSTRIES, INC.,, was and still is a duly organized
26. Defendant ITT INDUSTRIES, INC. Individually and as Successor-ininterest to HOFFMAN SPECIALTY, was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, was and still is a duly organized domestic corporation doing business in the State of New York. 28. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly organized 29. Defendant KENNEDY VALVE MANUFACTURING Co., Inc., was and still is a duly organized 30. Defendant KONE INC. i/s/h/a KONE ELEVATORS, INC., Individually and as successor to ARMOR ELEVATOR CO., was and still is a duly organized domestic corporation doing business in the State of New York. 31. Defendant LENNOX INDUSTRIES, INC., was and still is a duly organized 32. Defendant MANNINGTON MILLS, INC., was and still is a duly organized 33. Defendant OTIS ELEVATOR COMPANY, was and still is a duly organized 34. Defendant OTIS ELEVATOR 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.
35. Defendant RIVER & LLOYD CORPORATION, F/K/A as THE BIGELOW COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 36. Defendant ROPER PUMP COMPANY, was and still is a duly organized 37. Defendant SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 38. Defendant SUPERIOR BOILER WORKS, INC., was and still is a duly organized 39. Defendant SUPERIOR BOILER WORKS, 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. 40. Defendant TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, was and still is a duly organized 41. Defendant TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, 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. 42. Defendant THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), was and still is a duly organized domestic corporation doing business in the State of New York. 43. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized
44. Defendant THYSSENKRUPP ELEVATOR CORPORATION, Individually and as successor in interest to DOVER ELEVATOR COMPANY, was and still is a duly organized 45. Defendant U.S. PLYWOOD CORPORATION, was and still is a duly organized 46. Defendant VELAN VALVE CORPORATION, was and still is a duly organized 47. Defendant VELLUMOID INC., was and still is a duly organized domestic corporation doing business in the State of New York. 48. Defendant VIKING PUMP, INC., was and still is a duly organized 49. Defendant WARREN PUMPS, LLC, was and still is a duly organized 50. Defendant WEINMAN PUMP & SUPPLY CO., was and still is a duly organized 51. Defendant WEYERHAEUSER COMPANY, was and still is a duly organized Plaintiff(s), MARLENA F. ROBAEY and EDWARD ROBAEY, repeats and realleges NYAL - WEITZ & LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 7 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption.
Dated: January 14, 2014 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY 10003 (212) 558-5500
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 an Associate of the firm WEITZ & LUXENBERG, P.C., Counsel for the plaintiff(s) in the within action; deponent has read the foregoing fifth supplemental summons and fifth 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: January 14, 2014 New York, New York /S/ PETER TAMBINI
Index No.: 190276-13 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== MARLENA F. ROBAEY and EDWARD ROBAEY, -against- AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., et. al., Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and FIFTH AMENDED VERIFIED COMPLAINT ========================================================================================== WEITZ & LUXENBERG, P.C. Attorneys for PLAINTIFFS 700 Broadway New York, NY 10003 212-558-5500 ========================================================================================== To Attorney(s) for ========================================================================================== Service of a copy of the within is hereby admitted. Dated, January 14, 2014.... Attorney(s) for