FILED: NEW YORK COUNTY CLERK 06/17/2014 INDEX NO. 190138/2014 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/17/2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------X FLORENCE NEMETH and FRANCIS : Index No. 190138/2014 NEMETH, Plaintiffs, NOTICE OF AMENDMENT - against ~ BRENNTAG NORTH AMERICA, as a successor~ul 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 \Xlhittaker, Clark & Daniels, Inc., CBS CORPORATION, f/k/a Viacom, 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 Shulron, Inc., THE PROCTER & GAMBLE COMPANY, As successor-ininterest to The Shul'on Group and/or Shul'on Inc., THE SCOTTS COMPANY, LLC, UNION CARBIDE CORP., WHITTAKER CLARK & DANIELS, INC.; WYETH HOLDINGS CORPORATION /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, Defendants. - --- --- - --- -- - - ----- - ---- --- ---X KONIGSBERG, L.L.P. 000 TH,RO A"E~UE ~EW YOR~ ~ Y 10011
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 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 as additional defendants. The Amended Complaint reflecting such addition is attached hereto. Dated: New York, New York June 17, 2014 Bv: I Ti?J~J T ;;\ 11 I I :;;r 1/ KONIGSBERG, L,L,P ao~ THIRO "V~NuE N~'" YORK NY 10071
SUPREME COURT OF THE 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 :Mineral Pigment Solutions, Inc., as a Plaintiff designate New York County as Place of successor-in-interest to \XIh..ittaker, Clark Trial & Daniels, Inc., BRENNTAG SPECIALITIES, INC., 1\1i.neral Pigment Solutions, f/k/a Inc., as a successor-in-ioterest to Whittaker, Clark & Daniels, Inc., CBS CORPORATION, f/k/a Viacom, Ioc., 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-uunterest to Shulton Group and/or Shul'on Inc., THE SCOTTS COMPANY, LLC, UNION CARBIDE CORP., WHITTAKER CLARK & DANIELS, INC.; WYETH HOLDINGS CORPORATION f/k/a The 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, 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 CompanYi GEORGIA-PACIFIC LLC KONIGSBERG, L.l.P. 80a rh,ro AV~NU~ NEW york NY IGOll
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 complaint is not served with this summons, to serve a notice ofappearance, on the Plaintiffs' Attorneys within 20 ays 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 against you by default for the relief demanded in the complaint. Dated: New York, New York June 17,2014 By: I~ l..,l~\, I TO: 1'1 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 of State OTIS ELEVATOR COMPANY Via Secretary of State THYSSENKRUPP ELEVATOR COMPANY, as successor-in-interest to Dover Corporation, a division of ThyssenKrupp Elevator Company, Via Secretary of State LEVY PHILLIPS '" KO~IGSBERG, L.L,P 00320779 WPD "00 THIRD A"f~U~ MEW VOR~ NY'""",
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, successor-in interest to Pigment Solutions, Inc., successor-in-interest to \Vhittaker, & Daniels, Inc., BRENNTAG SPECIALITIES, INC.,.Mineral Pigment Solutions, as a successor-in-interest to Whittaker, Clark & Daniels, CBS CORPORATION, flkla Viacom, Inc., successor by to CBS Corporation, f/k/a Electric Corporation, GENERAL ELECTRIC COMPANY, as a.mineral as a Clark f/k/a Inc., Inc., merger Westinghouse SHULTON, INC., individually and as successsor to The Shulton Group and Shulton, Inc., THE PROCTER & GAMBLE COMPANY, As successor-inimerest 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 Shulton, Inc., and DAP,INC.; GEORGIA-PACIFIC LLC; OTIS ELEVATOR COMPANY; SCHINDLER ELEVATOR CORPORATION; and THYSSENKRUPP ELEVATOR COMPANY, as successor-ill-interest to Dover Corporation, a division of ThyssenKropp Elevator Company, AMENDED COMPLAINT Trial By Jury Demanded Defendants. - - - -- - - - -- - - -- - - - - - -- - - - - - - - - ---X KONIGSBERG, L.L.P I~. '~'RO AVENUE NEw.oR~ ~ y '~011
TO THE ABOVE NAMED DEFENDANTS: Plaintiffs, by their attorneys, Levy, Phillips & Konigsberg, L.L.P., for their Amended Complaint respectfully allege as follows: ated: New York, New York 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. AtiorneyJ'jor Plaintifft ~ By: BrendanJ. Tully 800 Third Avenue, 11 'h Floor New York, NY 10022 (212) 605-6200 KONIGSBERG. LLP.00 TH,,,n A~E"UE...,...,"n"~.. '",aol2
AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ).88.: 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 first class mail to the following: Jill Berry, Esq. SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY 10103 Attorneys for The Procter & Gamble Company, as successor-in-interest to The Shulton Group and/or Shulton Inc. and SHULTON, ING., individually and as successsor to The Shulton Group and Shulton, Inc. Jason Riemer, Esq. HOAGLAND LONGO MORAN DUNST & DOUKAS 40 Patterson Street P.O. Box 480 New Brunswick, NJ 08903 Attorneys 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, lng., 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 Attorneys for CBS CORPORATION, f/k/a Viacom, Inc., successorbymerger 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 Attorneys for WHITTAKER CLARK& DANIELS, ING. Christopher Renzulli, Esq. Nicole Spence RENZULLI LAW FIRM, LLP 81 Main StreetSuite 508 White Plains, NY 10601 Attorneys for WYETHHOLDINGS CORPORATION f/k/a American Cynamid Company, individually and as successor-in-interest to Shulton, Inc. LEvY PHILLIPS 80 I(ONIQSBEFlG, L,L.P. '"0 rh,ro AVENUE NI.. OR~.., '0022
David Schaffer, Esq MALABY & BRADLEY, LLC 1SO Broadway, Suite 600 New York, NY 10038 Attomeys for THE SCOTTS COMPANY, LLC Judith Yavitz, Esq, DARGER ERRANTE YAVITZ & BLAU, LLP 116 East 27th Street 12th Floor New York, NY 10016 Attomeys for UNIONCARBIDE 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 Staw;.n6stal ServiMes within the State of New York addressed to said attorneys. I _. " Sworn to before me this 17th day ofjune, 2014 ~Jb~ MICHBlE 8FECQIA NaIIryNIle,8IIDcI... No. O18PIlroI.' QuIIlllId In 1,(119CilunIr. \ r::1 COUdlilssllll i ElqlIrelj """'Ill.+-O KONIGSBERG, L.L.P 100 THIRD AVENUE NEW VDR~ NY 10011