FILED: NEW YORK COUNTY CLERK 04/24/2015 01:59 PM INDEX NO. 190139/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/24/2015 THIS IS AN ASBESTOS LITIGATION CASE FILED UNDER N.Y.C.A.L.
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X RONEY TEMOR AND DIANE TEMOR, Index No.: Date Filed: 04/24/2015 -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., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, ARMSTRONG INTERNATIONAL INC., ATWOOD & MORRILL CO., INC., BIRD, INCORPORATED, BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY, BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAIN TEED CORPORATION, DAP PRODUCTS, INC. DOMCO PRODUCTS TEXAS, LP, Individually, and as successor to AZROCK INDUSTRIES, INC., DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC., EMPIRE-ACE INSULATION MFG. CORP., FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., The Basis of Venue is Defendants Place of Business SUMMONS
INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION, INTERNATIONAL TRUCK and ENGINE CORP., ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., J-M MANUFACTURING COMPANY INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, MACK TRUCKS, INC., MANNINGTON MILLS, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES INC., PETERBILT MOTORS CO., RHEEM MANUFACTURING CORP., SLANT/FIN CORPORATION, THE B.F. GOODRICH COMPANY (GOODRICH COMPANY), THE FAIRBANKS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, U.S. PLYWOOD CORPORATION, UNION CARBIDE CORPORATION, WARREN PUMPS, INC., WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY WEYERHAEUSER CO., ZY-TECH GLOBAL INDUSTRIES, INC., Defendants, ---------------------------------------------------------------------------X To the above named Defendant(s) You are hereby summoned to answer the 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 failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated, 04/24/2015 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
DEFENDANTS RIDER AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., 874 Oliver Street N. Tonawanda, NY 14120 AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS 84 State Street Boston, MA 02109 ARMSTRONG INTERNATIONAL INC. 900 Maple Street Three Rivers, MI 49093 ATWOOD & MORRILL CO. INC. C/o Secretary of State Albany, NY 12207 BIRD, INCORPORATED BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY BLACKMER, World Headquarters 1809 Century Avenue SW Grand Rapids, MI 49503-1530 Attn: CEO/ Legal Department BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., 200 South Michigan Avenue Chicago, IL 60604 CATERPILLAR, INC. CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION 31 52 ND Street New York, NY 10019
CERTAIN TEED CORPORATION DAP PRODUCTS, INC. 2400 Boston Street, Suite 200 Baltimore, MD 21224 DOMCO PRODUCTS TEXAS, LP, Individually, and as successor to AZROCK INDUSTRIES, INC., C/o s Corporate Trust Center 1209 Orange Street Wilmington, DE 19801 DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC. CT Corp System 350 N. Paul Street Suite 2900 Dallas, TX 75201 EMPIRE-ACE INSULATION MFG. CORP. C/o Secretary of State 41 State Street Albany, NY 12207 FOSTER WHEELER CORPORATION Route 173 at Frontage Road Clinton, NJ 08809 GATES CORPORATION GENERAL ELECTRIC COMPANY Electric Insurance Company 75 Sam Fonzo Drive Beverly, MA 01915 GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY
GOULDS PUMPS, INC. 240 Fall Street Seneca Falls, NY 13148 GRINNELL LLC HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/BENDIX 101 Columbia Road and Park Avenue Morristown, NJ 07962 IMO INDUSTRIES, INC., IBIS Plaza 3525 Quakerbridge Road Suite 912 Hamilton, NJ 08619 INGERSOLL-RAND COMPANY INTERNATIONAL PAPER COMPANY Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION One Commercial Plaza Hartford, CT 06103 INTERNATIONAL TRUCK and ENGINE CORP. ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING Co., INC., J-M MANUFACTURING COMPANY INC. CSC Lawyers Incorporation System 2730 Gateway Oaks Drive, Suite 100 Sacramento, CA 95833
KAISER GYPSUM COMPANY, INC., TRMI 301 Grant Street Suite 3000 One Oxford Centre Pittsburgh, PA 15219 KARNAK CORPORATION 330 Central Avenue Clark, NJ 07066 MACK TRUCKS, INC. MANNINGTON MILLS, INC. Corporation Service Company 80 State Street, 6 th Floor Albany, NY 12207 NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION 2999 Circle 75 Parkway Atlanta, GA 30339 ~and~ C/o Secretary of State 41 State Street Albany, NY 12207 OWENS-ILLINOIS, INC. One Michael Owens Way Perrysburg, OH 43551 PEERLESS INDUSTRIES INC., LEWIS BRISBOIS BISGAARD & SMITH, LLP 77 Water Street Suite 2100 New York, NY 10005 PETERBILT MOTORS CO. 800 Brazos Street Suite 330 Austin, TX 78701 RHEEM MANUFACTURING CORP. 405 Lexington Ave 22 nd Floor
New York, NY 10174-0307 SLANT/FIN CORPORATION 100 Forest Drive at East Hills Greenvale, NY 11548 THE B.F. GOODRICH COMPANY (GOODRICH COMPANY) THE FAIRBANKS COMPANY (GA) 1201 Peachtree Street NE Atlanta, GA 30361 TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION C/o 111 Eighth Avenue U.S. PLYWOOD CORPORATION 133 Peachtree Street NE Atlanta, GA 30303 UNION CARBIDE CORPORATION nue WARREN PUMPS, INC. 82 Bridges Avenue Warren, MA 01083 WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY 500 Blaine Street Michigan City, IN 46360 ~and~ 1315 Ballantyne Corporate Place Charlotte, NC 28277 WEYERHAEUSER CO. 33663 Weyerhaeuser Way S. Federal Way, WA 98001
ZY-TECH GLOBAL INDUSTRIES, INC. 10600 Corporate Drive Stafford, TX 77477
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------------X RONEY TEMOR AND DIANE TEMOR, Index No.: Date Filed: 04/24/2015 -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., AMERICAN BILTRITE, Individually and as successor to AMTICO FLOORS, ARMSTRONG INTERNATIONAL INC., ATWOOD & MORRILL CO., INC., BIRD, INCORPORATED, BLACKMER, a division of DOVER CORPORATION, f/k/a BLACKMER PUMP POWER & MANUFACTURING COMPANY, BORG-WARNER, by its successor-in-interest BORG WARNER MORSE TEC, INC., CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAIN TEED CORPORATION, DAP PRODUCTS, INC. DOMCO PRODUCTS TEXAS, LP, Individually, and as successor to AZROCK INDUSTRIES, INC., DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC., EMPIRE-ACE INSULATION MFG. CORP., FOSTER WHEELER CORPORATION, GATES CORPORATION, GENERAL ELECTRIC COMPANY, GEORGIA PACIFIC CO., Individually and as successor to BESTWALL GYPSUM COMPANY, GOULDS PUMPS, INC., GRINNELL, LLC, HONEYWELL CORP., f/k/a ALLIED SIGNAL, INC.,/ BENDIX IMO INDUSTRIES, INC., The Basis of Venue is Defendants Place of Business VERIFIED COMPLAINT
INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY Individually, and as successor to CHAMPION INTERNATIONAL CORPORATION, as successor to UNITED STATES PLYWOOD CORPORATION, INTERNATIONAL TRUCK and ENGINE CORP., ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT CO., and as successor to KENNEDY VALVE MANUFACTURING CO., INC., J-M MANUFACTURING COMPANY INC., KAISER GYPSUM COMPANY, INC., KARNAK CORPORATION, MACK TRUCKS, INC., MANNINGTON MILLS, INC., NAPA AUTO PARTS, a/k/a NATIONAL AUTOMOTIVE PARTS ASSOCIATION OWENS-ILLINOIS, INC., PEERLESS INDUSTRIES INC., PETERBILT MOTORS CO., RHEEM MANUFACTURING CORP., SLANT/FIN CORPORATION, THE B.F. GOODRICH COMPANY (GOODRICH COMPANY), THE FAIRBANKS COMPANY, TRANE U.S. INC., f/k/a AMERICAN STANDARD, INC., Individually, and as successor in interest to KEWANEE BOILER CORPORATION, U.S. PLYWOOD CORPORATION, UNION CARBIDE CORPORATION, WARREN PUMPS, INC., WEIL-McLAIN, A DIVISION OF THE MARLEY-WYLAIN COMPANY WEYERHAEUSER CO., ZY-TECH GLOBAL INDUSTRIES, INC., Defendants, ---------------------------------------------------------------------------X Plaintiff(s), RONEY TEMOR AND DIANE TEMOR, by their attorneys THE WILLIAMS LAW FIRM, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows:
1. Plaintiff(s), RONEY TEMOR AND DIANE TEMOR, by their attorneys, THE WILLIAMS LAW FIRM, P.C., for their verified complaint respectfully alleges: Plaintiff(s), RONEY TEMOR AND DIANE TEMOR, repeats and realleges NYAL- THE WILLIAMS LAW FIRM, P.C., STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY NO. 1 as fully incorporated herein as it pertains to the defendants in the aforementioned caption 2. Defendant DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant DOMCO TARKETT USA, INC., Individually and as successor to AZROCK INDUSTRIES, 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. Dated: 04/24/2015 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
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 summons and 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: 04/24/2015 New York, New York /S/ JOSEPH P. WILLIAMS