FILED: NEW YORK COUNTY CLERK 05/04/2016 02:54 PM INDEX NO. 190084/2016 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 05/04/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X RICHARD S. TRUMBULL and MARGARET TRUMBULL, Index No.: 190084-16 Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial ADIENCE, INC., f/k/a BMI, INC., AGCO CORPORATION f/k/a and as Successor in interest to MASSEY- FERGUSON, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALSOP ENGINEERING, ALSTOM ENERGY SYSTEMS SHG INC. Individually and as Successor to AMERICAN SCHACK CO. INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BEAVER INDUSTRIES INC., BEAZER EAST, INC., f/k/a KOPPERS COMPANY INC., BLACKMER, BORGWARNER MORSE TEC LLC., BUCYRUS INTERNATIONAL, INC., in interest to MARION POWER SHOVEL COMPANY, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, CARRIER CORPORATION, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CELLULO COMPANY, CERTAINTEED CORPORATION, CLARK EQUIPMENT COMPANY, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CM FURNANCES, INC., CNH AMERICA LLC, CONSOLIDATED ENGINEERING COMPANY, The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS 1 of 27
CRANE CO., CROSBY VALVE LLC, CSR LTD, DEAN PUMP DIVISION, DEERE & CO., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, ERTEL ENGINEERING, 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 CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FOSTER WHEELER, L.L.C., GARDNER DENVER, INC., GARDNER DENVER, Individually and successor to JOY MANUFACTURING COMPANY, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOODYEAR CANADA, INC., GOULD ELECTRONICS INC., GOULDS PUMPS, INC., GRINNELL LLC, GROBET as Successor in interest to DIXON, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOWDEN BUFFALO, INC., as successor in interest to BUFFALO FORGE COMPANY, as successor by merger to BUFFALO PUMPS, HYSTER COMPANY, 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.,, J.H. FRANCE REFRACTORIES COMPANY, JENKINS BROS., JOY GLOBAL INC., KAISER GYPSUM COMPANY, INC., KEELER-DORR-OLIVER BOILER COMPANY, KERR CORPORATION, LAKE ASBESTOS OF QUEBEC, LTD., LENNOX INDUSTRIES, INC., 2 of 27
LEVITON MANUFACTURING CO., INC., MACK TRUCKS, INC., MANNINGTON MILLS, INC., NAVISTAR, INC., a/k/a INTERNATIONAL TRUCK & ENGINE CORP. f/k/a INTERNATIONAL HARVESTER, INC., NELES-JAMESBURY INC., OWENS-ILLINOIS, INC., PAUL H. GESSWEIN & CO., INC., PETERBILT MOTORS CO., PFIZER, INC. (PFIZER), RESEARCH-COTTRELL INCORPORATED, n/k/a AWT AIR COMPANY INC., RESEARCH-COTTRELL, INC., RILEY POWER INC, ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, ROGERS CORPORATION, ROPER PUMP COMPANY, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, SM ENGINEERING CO., INC., SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, SURFACE COMBUSTION, INC., TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, TEREX CORPORATION, TEXTRON INC., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, TOLEDO ENGINEERING CO. INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VIKING PUMP, INC., WARREN PUMPS, LLC, WEINMAN PUMP & SUPPLY CO., WISCONSIN OVEN CORPORATION, YALE MATERIALS HANDLING CORPORATION,, HOBART BROTHERS COMPANY, ITW FOOD EQUIPMENT GROUP, LLC Individually and as Sucessor to VULCAN and HOBART, Defendants -----------------------------------------------------------------------------X To the above named Defendant(s) 3 of 27
You are hereby summoned to answer the second 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, May 04, 2016 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 4 of 27
DEFENDANTS' RIDER 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 ADIENCE, INC., f/k/a BMI, INC. CATERPILLAR, INC. John Howarth Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA 19103 (215) 564-4141 fax:(215) 564-4385 AGCO CORPORATION f/k/a and as Successor in interest to MASSEY-FERGUSON, INC. AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, 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. BEAZER EAST, INC., f/k/a KOPPERS COMPANY INC. CERTAINTEED CORPORATION GOULD ELECTRONICS INC. LENNOX INDUSTRIES, INC. UNION CARBIDE CORPORATION 5 of 27
Natalie Garcia Esq. LANDMAN CORSI BALLAINE & FORD, P.C. (NJ) One Gateway Center 4th Floor Newark, NJ 07102 (973) 623-2700 fax:(973) 623-4496 AMERICAN BILTRITE INC. Karryann Cook Esq Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY 10004 (212) 509-3456 fax:(212) 932-0008 ATWOOD & MORRILL COMPANY CELLULO COMPANY GROBET as Successor in interest to DIXON JENKINS BROS. JOY GLOBAL INC. THE FAIRBANKS COMPANY Chris Gannon Esq Kim Reiter paralegal Lindsey Foster 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 CLARK EQUIPMENT COMPANY GARDNER DENVER, INC. MANNINGTON MILLS, INC. PETERBILT MOTORS CO. ROGERS CORPORATION 6 of 27
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. Allison Ordonez Paralegal Dave Schaffer Esq David Jones Esq Joseph Carlisle Esq MARYELLEN CONNOR Esq ROBERT MALABY Esq Rula Alzadon Moor Esq. MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY 10038 (212) 791-0285 fax:(212) 791-0286 BLACKMER DEAN PUMP DIVISION HYSTER COMPANY J.H. FRANCE REFRACTORIES COMPANY PAUL H. GESSWEIN & CO., INC. ROPER PUMP COMPANY TEREX CORPORATION VIKING PUMP, INC. YALE MATERIALS HANDLING CORPORATION, Anna DiLonardo Esq MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN (LONG 105 Maxess Road Suite 303 Melville, NY 11747 (631) 232-6130 fax:(631) 232-6184 BORGWARNER MORSE TEC LLC. BUCYRUS INTERNATIONAL, INC., in interest to MARION POWER SHOVEL COMPANY LEVITON MANUFACTURING CO., INC. 7 of 27
Erik DiMarco Esq Erik DiMarco Esq. Virginia Squitieri Esq GORDON & REES SCULLY MANSUKHANI, LLP One Battery Park Place New York, NY 10004 (212) 269-5500 fax:(212) 269-5505 CARRIER CORPORATION CLYDE UNION, INC. TEXTRON INC. TOLEDO ENGINEERING CO. INC. WISCONSIN OVEN CORPORATION Michael Tanenbaum Esq SEDGWICK, LLP One Newark Center 1085 Raymond Boulevard, 16th Floor Newark, NJ 07102 (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 FOSTER WHEELER, L.L.C. GENERAL ELECTRIC COMPANY RESEARCH-COTTRELL INCORPORATED, n/k/a AWT AIR COMPANY INC. RESEARCH-COTTRELL, INC. Michelle Grady Esq. ECKERT, SEAMANS, CHERIN & MELLOTT, LLC 10 Bank Street, Suite 700 White Plains, NY 10606 (914) 949-2909 fax:(914) 949-5424 CNH AMERICA LLC Val Mandel Esq VAL MANDEL P.C. 80 Wall Street Suite 1115 New York, NY 10005 (212) 668-1700 fax:(212) 668-1701 CONSOLIDATED ENGINEERING COMPANY 8 of 27
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. Beth Hughes Esq Brady Edwards Esq. MORGAN LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 (212) 309-6000 fax:(212) 309-6001 CROSBY VALVE LLC GRINNELL LLC 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., Scott Brody Esq. BRODY, O'CONNOR & O'CONNOR 1350 Avenue of the Americas, 24th Floor New York, NY 10019 (631) 261-7777 fax:(631) 261-7757 CSR LTD Paul Scrudato Esq. Product Group SHProductsGroup@schiffhardin.com SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY 10103 (212) 753-5000 fax:(212) 753-5044 DEERE & CO. OWENS-ILLINOIS, INC. 9 of 27
Joseph La Sala Esq Nancy McDonald Esq. MCELROY, DEUTCH, MULVANEY & CARPENTER LLP (NJ) 1300 Mount Kemble Avenue Morristown, NJ 07962 (973) 425-8749 fax:(973) 425-0161 EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC. FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC Cynthia Messemer Esq George Hodges Esq HODGES WALSH MESSEMER MOROKNEK, LLP 55 CHURCH ST SUITE 211 WHITE PLAINS, NY 10601 (914) 385-6000 fax:(914) 385-6060 ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY Marc Gaffrey Esq. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 40 Paterson Street New Brunswick, NJ 08903 (732) 545-4717 fax:(732) 545-4579 ERTEL ENGINEERING Christopher Hannan Esq KELLEY JASONS MCGOWAN SPINELLI HANNA & REBER, LLP 120 Wall Street. 30th Floor New York, NY 10005 (212) 344-7400 fax:(212) 344-7402 FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY 10 of 27
Scott Emery Esq. LYNCH DASKAL & EMERY LLP 137 West 25th Street 5th Floor New York, NY 10001 (212) 302-2400 fax:(212) 302-2210 GEORGIA PACIFIC LLC. GOODYEAR CANADA, INC. THE GOODYEAR TIRE AND RUBBER COMPANY 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. HOWDEN BUFFALO, INC., as successor in interest to BUFFALO FORGE COMPANY, as successor by merger to BUFFALO PUMPS 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 11 of 27
Philip O'Rourke Esq Steven Corbin 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. 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 Diane Miller Esq LITTLETON JOYCE UGHETTA PARK & KELLY LLP ONE MANHATTANVILLE ROAD Suite 202 PURCHASE, NY 10577 (914) 417-3400 fax:(914) 417-3401 KERR CORPORATION Thomas Maimone Esq. MAIMONE & ASSOCIATES PLLC 150 Haven Avenue Port Washington, NY 11050 (516) 390-9595 fax:(516) 877-0321 MACK TRUCKS, INC. Robert Hafner Esq ECKERT, SEAMANS, CHERIN & MELLOTT, LLC. 50 South 16th Street 22nd Floor Philadelphia, PA 19102 (215) 851-8457 fax:(215) 851-8383 NAVISTAR, INC., a/k/a INTERNATIONAL TRUCK & ENGINE CORP. f/k/a INTERNATIONAL HARVESTER, INC. 12 of 27
Thuy Bui Esq DRINKER, BIDDLE & REATH LLP (NY) 1177 Avenue of the Americas 41st Floor NEW YORK, NY 10036 (212) 248-3140 fax:(212) 248-3141 NELES-JAMESBURY INC. Joan Gasior Esq RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY 10601 (914) 285-0700 fax:(914) 285-1213 PFIZER, INC. (PFIZER) John Kot Esq. WATER, MCPHERSON & MCNEIL 300 Lighting Way 7th Floor Secaucus, NJ 07096 (201) 863-4400 fax:(201) 863-2866 RILEY POWER INC James Whitcomb Esq. PHILLIPS LYTLE LLP One Canalside 125 Main Street Buffalo, NY 14203 (716) 847-7057 fax:(716) 852-6100 SURFACE COMBUSTION, 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 13 of 27
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) 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) 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. HOBART BROTHERS COMPANY 101 Trade Square East Troy, OH 45373 ITW FOOD EQUIPMENT GROUP, LLC Individually and as Sucessor to VULCAN CT Corporation System 208 So Lasalle Street, Suite 814 Chicago, IL 60604 and 3600 North Point Blvd Baltimore, MD 21222 14 of 27
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X Index No: 190084-16 RICHARD S. TRUMBULL and MARGARET TRUMBULL, Date Filed: -against- Plaintiff(s), ADIENCE, INC., f/k/a BMI, INC., AGCO CORPORATION f/k/a and as Successor in interest to MASSEY- FERGUSON, INC., AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., ALSOP ENGINEERING, ALSTOM ENERGY SYSTEMS SHG INC. Individually and as Successor to AMERICAN SCHACK CO. INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., AMERICAN BILTRITE INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, AZROCK INDUSTRIES, a Division of DOMCO, INC., BEAVER INDUSTRIES INC., BEAZER EAST, INC., f/k/a KOPPERS COMPANY INC., BLACKMER, BORGWARNER MORSE TEC LLC., BUCYRUS INTERNATIONAL, INC., in interest to MARION POWER SHOVEL COMPANY, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, CARRIER CORPORATION, CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CELLULO COMPANY, CERTAINTEED CORPORATION, CLARK EQUIPMENT COMPANY, CLEAVER BROOKS COMPANY, INC., CLYDE UNION, INC., CM FURNANCES, INC., CNH AMERICA LLC, CONSOLIDATED ENGINEERING COMPANY, CRANE CO., CROSBY VALVE LLC, CSR LTD, DEAN PUMP DIVISION, SECOND AMENDED VERIFIED COMPLAINT PLAINTIFF DEMANDS TRIAL BY JURY 15 of 27
DEERE & CO., EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, ERTEL ENGINEERING, 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 CHICAGO PUMP & NORTHERN PUMP BUSINESSES, FOSTER WHEELER, L.L.C., GARDNER DENVER, INC., GARDNER DENVER, Individually and successor to JOY MANUFACTURING COMPANY, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC LLC., GOODYEAR CANADA, INC., GOULD ELECTRONICS INC., GOULDS PUMPS, INC., GRINNELL LLC, GROBET as Successor in interest to DIXON, HONEYWELL INTERNATIONAL, INC., f/k/a ALLIED SIGNAL, INC. / BENDIX, HOWDEN BUFFALO, INC., as successor in interest to BUFFALO FORGE COMPANY, as successor by merger to BUFFALO PUMPS, HYSTER COMPANY, 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.,, J.H. FRANCE REFRACTORIES COMPANY, JENKINS BROS., JOY GLOBAL INC., KAISER GYPSUM COMPANY, INC., KEELER-DORR-OLIVER BOILER COMPANY, KERR CORPORATION, LAKE ASBESTOS OF QUEBEC, LTD., LENNOX INDUSTRIES, INC., LEVITON MANUFACTURING CO., INC., MACK TRUCKS, INC., MANNINGTON MILLS, INC., NAVISTAR, INC., a/k/a INTERNATIONAL TRUCK & ENGINE CORP. f/k/a INTERNATIONAL HARVESTER, INC., NELES-JAMESBURY INC., 16 of 27
OWENS-ILLINOIS, INC., PAUL H. GESSWEIN & CO., INC., PETERBILT MOTORS CO., PFIZER, INC. (PFIZER), RESEARCH-COTTRELL INCORPORATED, n/k/a AWT AIR COMPANY INC., RESEARCH-COTTRELL, INC., RILEY POWER INC, ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, ROGERS CORPORATION, ROPER PUMP COMPANY, SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, SM ENGINEERING CO., INC., SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, SURFACE COMBUSTION, INC., TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, TEREX CORPORATION, TEXTRON INC., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE FAIRBANKS COMPANY, THE GOODYEAR TIRE AND RUBBER COMPANY, TOLEDO ENGINEERING CO. INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VIKING PUMP, INC., WARREN PUMPS, LLC, WEINMAN PUMP & SUPPLY CO., WISCONSIN OVEN CORPORATION, YALE MATERIALS HANDLING CORPORATION,, HOBART BROTHERS COMPANY, ITW FOOD EQUIPMENT GROUP, LLC Individually and as Sucessor to VULCAN and HOBART, Defendants -----------------------------------------------------------------------------X Plaintiff(s), RICHARD S. TRUMBULL and MARGARET TRUMBULL, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 17 of 27
1. Plaintiff(s), RICHARD S. TRUMBULL and MARGARET TRUMBULL, by their attorneys, WEITZ & LUXENBERG, P.C., for their second amended verified complaint respectfully alleges: 2. Defendant AGCO CORPORATION f/k/a and as Successor in interest to MASSEY-FERGUSON, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. 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. 4. Defendant ALSOP ENGINEERING, was and still is a duly organized 5. Defendant ALSTOM ENERGY SYSTEMS SHG INC. Individually and as Successor to AMERICAN SCHACK CO. INC., was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant AMERICAN BILTRITE INC., was and still is a duly organized 7. Defendant ATWOOD & MORRILL COMPANY, was and still is a duly organized 8. Defendant AURORA PUMP COMPANY, was and still is a duly organized 9. Defendant AZROCK INDUSTRIES, a Division of DOMCO, INC., was and still is a duly organized 10. 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 18 of 27
State of New York and/or should have expected its acts to have consequences within the State of New York. 11. Defendant BEAVER INDUSTRIES INC., was and still is a duly organized 12. Defendant BEAZER EAST, INC., f/k/a KOPPERS COMPANY INC., was and still is a duly organized 13. Defendant BLACKMER, was and still is a duly organized domestic corporation doing business in the State of New York. 14. Defendant BUCYRUS INTERNATIONAL, INC., in interest to MARION POWER SHOVEL COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES, was and still is a duly organized 16. Defendant CARRIER CORPORATION, was and still is a duly organized 17. Defendant CELLULO COMPANY, was and still is a duly organized 18. Defendant CLARK EQUIPMENT COMPANY, was and still is a duly organized 19. Defendant CLYDE UNION, INC., was and still is a duly organized 20. Defendant CM FURNANCES, INC., was and still is a duly organized 21. Defendant CNH AMERICA LLC, was and still is a duly organized 19 of 27
22. Defendant CONSOLIDATED ENGINEERING COMPANY, was and still is a duly organized 23. Defendant CROSBY VALVE LLC, was and still is a duly organized 24. Defendant CSR LTD, was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant DEAN PUMP DIVISION, was and still is a duly organized 26. Defendant EATON CORPORATION, as successor -in-interest to CUTLER-HAMMER, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant ELECTROLUX HOME PRODUCTS, INC. Individually, and as Successor to Tappan and Copes-Vulcan, was and still is a duly organized domestic corporation doing business in the State of New York. 28. Defendant ERTEL ENGINEERING, was and still is a duly organized 29. 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. 30. 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. 31. Defendant GARDNER DENVER, INC., was and still is a duly organized 20 of 27
32. Defendant GARDNER DENVER, Individually and successor to JOY MANUFACTURING COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 33. Defendant GEORGIA PACIFIC LLC., was and still is a duly organized 34. Defendant GOULD ELECTRONICS INC., was and still is a duly organized 35. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 36. Defendant GROBET as Successor in interest to DIXON, was and still is a duly organized 37. Defendant HOBART BROTHERS COMPANY, was and still is a duly organized 38. Defendant HOWDEN BUFFALO, INC., as successor in interest to BUFFALO FORGE COMPANY, as successor by merger to BUFFALO PUMPS, was and still is a duly organized 39. Defendant HYSTER COMPANY, was and still is a duly organized 40. Defendant IMO INDUSTRIES, INC.,, was and still is a duly organized 41. 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. 42. Defendant ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE 21 of 27
MANUFACTURING Co., Inc.,, was and still is a duly organized domestic corporation doing business in the State of New York. 43. Defendant ITW FOOD EQUIPMENT GROUP, LLC Individually and as Sucessor to VULCAN and HOBART, was and still is a duly organized domestic corporation doing business in the State of New York. 44. Defendant JENKINS BROS., was and still is a duly organized domestic corporation doing business in the State of New York. 45. Defendant JOY GLOBAL INC., was and still is a duly organized domestic corporation doing business in the State of New York. 46. Defendant KAISER GYPSUM COMPANY, INC., was and still is a duly organized 47. Defendant KERR CORPORATION, was and still is a duly organized 48. Defendant LAKE ASBESTOS OF QUEBEC, LTD., was and still is a duly organized 48. Defendant LENNOX INDUSTRIES, INC., was and still is a duly organized 49. Defendant LEVITON MANUFACTURING CO., INC., was and still is a duly organized 50. Defendant MANNINGTON MILLS, INC., was and still is a duly organized 51. Defendant NELES-JAMESBURY INC., was and still is a duly organized 52. Defendant PAUL H. GESSWEIN & CO., INC., was and still is a duly organized 22 of 27
53. Defendant PETERBILT MOTORS CO., was and still is a duly organized 54. Defendant PETERBILT MOTORS 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. 55. Defendant RESEARCH-COTTRELL INCORPORATED, n/k/a AWT AIR COMPANY INC., was and still is a duly organized domestic corporation doing business in the State of New York. 56. Defendant RESEARCH-COTTRELL, INC., was and still is a duly organized 57. Defendant RESEARCH-COTTRELL, 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. 58. Defendant ROCKWELL AUTOMATION, INC., as successor in interest to ALLEN- BRADLEY COMPANY, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 59. Defendant ROGERS CORPORATION, was and still is a duly organized 60. Defendant ROPER PUMP COMPANY, was and still is a duly organized 61. Defendant SCHNEIDER ELECTRIC USA, INC. formerly known as SQUARE D COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 23 of 27
62. Defendant SIEMENS INDUSTRY, INC., successor in interest to SIEMENS ENERGY & AUTOMATION, INC.,, was and still is a duly organized domestic corporation doing business in the State of New York. 63. Defendant SM ENGINEERING CO., INC., was and still is a duly organized 64. 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. 65. Defendant SURFACE COMBUSTION, INC., was and still is a duly organized 66. Defendant TDY INDUSTRIES, INC. f/k/a Teledyne Industries, Inc., Individually, and as Successor to FARRIS ENGINEERING, was and still is a duly organized 67. 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. 68. Defendant TEREX CORPORATION, was and still is a duly organized 69. Defendant TEXTRON INC., was and still is a duly organized domestic corporation doing business in the State of New York. 70. 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. 24 of 27
71. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized 72. Defendant TOLEDO ENGINEERING CO. INC., was and still is a duly organized 73. Defendant VIKING PUMP, INC., was and still is a duly organized 74. Defendant WARREN PUMPS, LLC, was and still is a duly organized 75. Defendant WEINMAN PUMP & SUPPLY CO., was and still is a duly organized 76. Defendant WISCONSIN OVEN CORPORATION, was and still is a duly organized 77. Defendant YALE MATERIALS HANDLING CORPORATION,, was and still is a duly organized Plaintiff(s), RICHARD S. TRUMBULL and MARGARET TRUMBULL, 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: May 04, 2016 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY 10003 (212) 558-5500 25 of 27
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 second supplemental summons and second 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: May 04, 2016 New York, New York /S/ CHRIS ROMANELLI 26 of 27
Index No.: 190084-16 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== RICHARD S. TRUMBULL and MARGARET TRUMBULL, -against- ADIENCE, INC., f/k/a BMI, INC., et. al., Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and SECOND 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, May 04, 2016.... Attorney(s) for 27 of 27