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  5. Mark Sarro, Hanora Sarro v. Arvinmeritor, Inc., Individually and as Successor to Rockwell International, Bucyrus International Inc., Carlisle Industrial Brake & Friction, Carlisle Motion Control Industries, Inc., Case Corporation, Caterpillar Inc., Caterpillar Industrial Inc., Individually and as Successor to Towmotor Corporation, Clark Equipment Company, Crown Equipment Corporation, Cummins Engine Company, Inc., Dana Companies, Llc f/k/a Dana Corporation, Individually and as Successor to Warner Electric Brake & Clutch Company and Cutler-Hammer Inc., Eaton Corporation, Individually and now known as Eaton Electrical, Inc. and As Successor to The Vickers Pump Company and Cutler-Hammer, Inc. and Waterbury Pump, Eis, Inc., Euclid-Hitachi Heavy Equipment Inc., Fenner-America Successor by Merger to Fenner, Inc., A Delaware Corporation, Ford Motor Company, Freightliner Corporation, Individually and as Successor to Western Star Trucks, Genuine Parts Company, Honeywell International, Inc., Individually and f/k/a Alliedsignal, Inc., and as Successor-in-interest to the Bendix Corp. and Lull, Husqvarna Professional Products, Inc., Hyster-Yale Materials Handling, Inc., Jlg Industries, Inc. Individually and as Successor to Lull, Joy Global, Inc., Joy Global Surface Mining, Individually and as successor to Beloit, Kelsey-Hayes Company, Individually and as Successor in Interest to Fruehauf Corp., Kion North America Corporation, Komatsu America Corp., Komatsu Forest Llc Individually and as successor to Valmet and Sisu and Partek and Clark, Kone, Inc., Individually and as Successor to Montgomery Elevator, Link-Belt Construction Equipment Company, Lucas Varity Automotive Holdings Company, Individually and as Successor to Massey Ferguson, Mack Trucks, Inc. Individually and as Successor to Brockway, Metropolitan Life Insurance Company, Morse Tec Llc, f/k/a BORGWARNER MORSE TEC LLC and Successor-by-Merger to Borg-Warner Corporation, Nacco Materials Handling Group, Inc. Individually and as Successor-in-Interest to Hyster Company and as Successor-in-Interest to Yale Materials Handling Corp., Navistar, Inc., New York Air Brake Llc, Otis Elevator Company, Perkins Engines, Inc., Pneumo Abex Corporation, Pneumo-Abex Llc, Individually and as Successor to Abex Corporation, a Delaware Corporation, Reddaway Manufacturing Co., Inc., Rockwell Automation, Inc. Individually and as Successor to Allen Bradley, Timken Heating Business and S. Co., Inc. f/k/a Scaife Company, as Successor in Interest to Rockwell Spring & Axle Company’s Timken Silent Automatic Division, Scan-Pac Mfg., Inc., Spx Corporation Individually and as Successor to General Signal Corporation and New York Air Brake, Standard Motor Products, Inc., Individually and as Successor to EIS, Stoughton Trailers, Stricker Trailers Llc, Suzuki Motor Of America, Inc., Terex American Crane Corp., Terex Corporation individually and as successor in interest to Terex American Crane, American Hoist & Derrick, American Crane Division, AmHoist, Amdura Corporation and American Crane Corporation, Terex Cranes Wilmington, Inc., Terex Usa Llc, Trailmobile Parts & Service Corporation, In its own Right and as Successor in Interest to TrailMobile Trail Corporation, Tvh Parts Co., Individually and as Successor to Intrupa, Twin Disc, Inc., Union Carbide Corporation, Utility Trailer Manufacturing Company, Volvo Construction Equipment North America, Inc., Individually and as Successor-in-Interest to Euclid, Inc., Volvo Trucks North America, Inc., Individually and as Successor to White Consolidated Industries and Diamond Reo, Wabash National Trailer Centers, Inc., Western Auto Supply Company, Yamaha Motor Corporation, Usa,, Continental Motors Inc, Continental Motors Inc F/K/A Teledyne Continental Motors Inc Individually And As Successor To Continental Motors Inc And Continental Motors Company, Technify Motor Usa Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc And Continental Motors Company, Teledyne Technologies Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc Continental Motors Company, Electrolux Home Products Inc Individually And As Successor To White Consolidated Industries Gibson White Hercules Engines Hercules Motor Company Hupp Corp Blaw Knox Company, Hercules Engines Inc, Hercules Manufacturing Inc, Volvo Construction Equipment North America Inc Individually And As Successor In Interest To Euclid Inc White Motors Hercules Engines Hercules Motors, Volvo Trucks North America Inc Ind And As Successor To White Consolidated Industries And Diamond Reo And White Motors Hercules Engines And Hercules Motors, White Engines Inc, Bwdac Inc F/K/A Bwd Automotive Corp, Mccord Inc, Federal Mogul Asbestos Personal Injury Trust As Successor To Felt Products Manufacturing Co, Mccord Corporation
  6. Mark Sarro, Hanora Sarro v. Arvinmeritor, Inc., Individually and as Successor to Rockwell International, Bucyrus International Inc., Carlisle Industrial Brake & Friction, Carlisle Motion Control Industries, Inc., Case Corporation, Caterpillar Inc., Caterpillar Industrial Inc., Individually and as Successor to Towmotor Corporation, Clark Equipment Company, Crown Equipment Corporation, Cummins Engine Company, Inc., Dana Companies, Llc f/k/a Dana Corporation, Individually and as Successor to Warner Electric Brake & Clutch Company and Cutler-Hammer Inc., Eaton Corporation, Individually and now known as Eaton Electrical, Inc. and As Successor to The Vickers Pump Company and Cutler-Hammer, Inc. and Waterbury Pump, Eis, Inc., Euclid-Hitachi Heavy Equipment Inc., Fenner-America Successor by Merger to Fenner, Inc., A Delaware Corporation, Ford Motor Company, Freightliner Corporation, Individually and as Successor to Western Star Trucks, Genuine Parts Company, Honeywell International, Inc., Individually and f/k/a Alliedsignal, Inc., and as Successor-in-interest to the Bendix Corp. and Lull, Husqvarna Professional Products, Inc., Hyster-Yale Materials Handling, Inc., Jlg Industries, Inc. Individually and as Successor to Lull, Joy Global, Inc., Joy Global Surface Mining, Individually and as successor to Beloit, Kelsey-Hayes Company, Individually and as Successor in Interest to Fruehauf Corp., Kion North America Corporation, Komatsu America Corp., Komatsu Forest Llc Individually and as successor to Valmet and Sisu and Partek and Clark, Kone, Inc., Individually and as Successor to Montgomery Elevator, Link-Belt Construction Equipment Company, Lucas Varity Automotive Holdings Company, Individually and as Successor to Massey Ferguson, Mack Trucks, Inc. Individually and as Successor to Brockway, Metropolitan Life Insurance Company, Morse Tec Llc, f/k/a BORGWARNER MORSE TEC LLC and Successor-by-Merger to Borg-Warner Corporation, Nacco Materials Handling Group, Inc. Individually and as Successor-in-Interest to Hyster Company and as Successor-in-Interest to Yale Materials Handling Corp., Navistar, Inc., New York Air Brake Llc, Otis Elevator Company, Perkins Engines, Inc., Pneumo Abex Corporation, Pneumo-Abex Llc, Individually and as Successor to Abex Corporation, a Delaware Corporation, Reddaway Manufacturing Co., Inc., Rockwell Automation, Inc. Individually and as Successor to Allen Bradley, Timken Heating Business and S. Co., Inc. f/k/a Scaife Company, as Successor in Interest to Rockwell Spring & Axle Company’s Timken Silent Automatic Division, Scan-Pac Mfg., Inc., Spx Corporation Individually and as Successor to General Signal Corporation and New York Air Brake, Standard Motor Products, Inc., Individually and as Successor to EIS, Stoughton Trailers, Stricker Trailers Llc, Suzuki Motor Of America, Inc., Terex American Crane Corp., Terex Corporation individually and as successor in interest to Terex American Crane, American Hoist & Derrick, American Crane Division, AmHoist, Amdura Corporation and American Crane Corporation, Terex Cranes Wilmington, Inc., Terex Usa Llc, Trailmobile Parts & Service Corporation, In its own Right and as Successor in Interest to TrailMobile Trail Corporation, Tvh Parts Co., Individually and as Successor to Intrupa, Twin Disc, Inc., Union Carbide Corporation, Utility Trailer Manufacturing Company, Volvo Construction Equipment North America, Inc., Individually and as Successor-in-Interest to Euclid, Inc., Volvo Trucks North America, Inc., Individually and as Successor to White Consolidated Industries and Diamond Reo, Wabash National Trailer Centers, Inc., Western Auto Supply Company, Yamaha Motor Corporation, Usa,, Continental Motors Inc, Continental Motors Inc F/K/A Teledyne Continental Motors Inc Individually And As Successor To Continental Motors Inc And Continental Motors Company, Technify Motor Usa Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc And Continental Motors Company, Teledyne Technologies Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc Continental Motors Company, Electrolux Home Products Inc Individually And As Successor To White Consolidated Industries Gibson White Hercules Engines Hercules Motor Company Hupp Corp Blaw Knox Company, Hercules Engines Inc, Hercules Manufacturing Inc, Volvo Construction Equipment North America Inc Individually And As Successor In Interest To Euclid Inc White Motors Hercules Engines Hercules Motors, Volvo Trucks North America Inc Ind And As Successor To White Consolidated Industries And Diamond Reo And White Motors Hercules Engines And Hercules Motors, White Engines Inc, Bwdac Inc F/K/A Bwd Automotive Corp, Mccord Inc, Federal Mogul Asbestos Personal Injury Trust As Successor To Felt Products Manufacturing Co, Mccord Corporation

MEMORANDUM OF LAW IN SUPPORT (Motion #52) Memorandum of Law in Support of Motion - Memorandum of Law in Support of Motion Possible SSN Administratively Redacted

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On November 21, 2022 a case was filed by Hanora Sarro, and Mark Sarro, represented by Belluck, Joseph Warren, Cooper, Adam Richard, and Dymond, Seth A, against Arvinmeritor, Inc., Individually And As Successor To Rockwell International, Bucyrus International Inc., Bwdac Inc F K A Bwd Automotive Corp et al. represented by Abbot, Edward Pierce, Botticelli, Jason Anthony, Brauer Ruchala, Heidi Kay et al. in the jurisdiction of Albany County. Judge Erin P. Gall presiding.

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                          FILED: ALBANY COUNTY CLERK 01/17/2024 11:09 PM                                                           INDEX NO. 908796-22
NYSCEF DOC. NO. 562                                                                            RECEIVED NYSCEF: 01/17/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF ALBANY
          --------------------------------------------------------------------x

          MARK SARRO and HANORA SARRO,                                            Index No.: 908796-22

                                             Plaintiffs,
          -against-

          ARVINMERITOR, INC., Individually and as Successor
          to Rockwell International, et al.

                                                   Defendants.
          --------------------------------------------------------------------x




             ___________________________________________________________________________

                            PNEUMO ABEX LLC, SUCCESSOR IN INTEREST…

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Case Info

Case No.

(Subscribe to View)

Judge

Erin P. Gall

Document Filed Date

January 17, 2024

Case Filing Date

November 21, 2022

County

Albany County, NY

Status

Disposed-Court Date/Application Pending

Parties

  • Abbot, Edward Pierce Attorney For The Defendant

  • Arvinmeritor, Inc., Individually And As Successor To Rockwell International Defendant

  • Alexandra Thomas Attorney

  • Belluck, Joseph Warren Attorney For The Plaintiff

  • Botticelli, Jason Anthony Attorney For The Defendant

  • Brauer Ruchala, Heidi Kay Attorney For The Defendant

  • Bridge, Charles Christopher Attorney For The Defendant

  • Bucyrus International Inc. Defendant

  • Burgasser, Jessica Jean Attorney For The Defendant

  • Bwdac Inc F/K/A Bwd Automotive Corp Defendant

  • Caitlin Bell Attorney

  • Carlisle Industrial Brake & Friction Defendant

  • Carlisle Motion Control Industries, Inc. Defendant

  • Case Corporation Defendant

  • Caterpillar Inc. Defendant

  • Caterpillar Industrial Inc., Individually And As Successor To Towmotor Corporation Defendant

  • Clark Equipment Company Defendant

  • Continental Motors Inc Defendant

  • Continental Motors Inc F/K/A Teledyne Continental Motors Inc Individually And As Successor To Continental Motors Inc And Continental Motors Company Defendant

  • Cook, Kerryann Marie Attorney For The Defendant

  • Cooper, Adam Richard Attorney For The Plaintiff

  • Corbin, Steven Thomas Attorney For The Defendant

  • Cost, David Michael Attorney For The Defendant

  • Crown Equipment Corporation Defendant

  • Cummins Engine Company, Inc. Defendant

  • Dana Companies, Llc F/K/A Dana Corporation, Individually And As Successor To Warner Electric Brake & Clutch Company And Cutler-Hammer Inc. Defendant

  • Dean, Meagan Elizabeth Attorney For The Defendant

  • Decicco, Daniel Edwin Attorney For The Defendant

  • Deforest, Marie Anna Attorney For The Defendant

  • Digregorio, Joseph Attorney For The Defendant

  • Dilonardo, Anna M. Attorney For The Defendant

  • Dimarco, Erik Christopher Attorney For The Defendant

  • Dwyer, Elizabeth Meghan Attorney For The Defendant

  • Dymond, Seth A Attorney For The Plaintiff

  • Eaton Corporation, Individually And Now Known As Eaton Electrical, Inc. And As Successor To The Vickers Pump Company And Cutler-Hammer, Inc. And Waterbury Pump Defendant

  • Edward Abbott Attorney

  • Eis, Inc. Defendant

  • Electrolux Home Products Inc Individually And As Successor To White Consolidated Industries Gibson White Hercules Engines Hercules Motor Company Hupp Corp Blaw Knox Company Defendant

  • Euclid-Hitachi Heavy Equipment Inc. Defendant

  • Federal Mogul Asbestos Personal Injury Trust As Successor To Felt Products Manufacturing Co Defendant

  • Fenner-America Successor By Merger To Fenner, Inc., A Delaware Corporation Defendant

  • Fluitt, Shawnette A. Attorney For The Defendant

  • Ford Motor Company Defendant

  • Freightliner Corporation, Individually And As Successor To Western Star Trucks Defendant

  • Genuine Parts Company Defendant

  • Gilmartin, Robert Michael Attorney For The Defendant

  • Goodearl, David James Attorney For The Defendant

  • Gorman, Michael Francis Attorney For The Defendant

  • Graney, Charles E. Attorney For The Defendant

  • Guerriero, John Mark Attorney For The Defendant

  • Halbardier, Suzanne M Attorney For The Defendant

  • Hasan, Shehzad Attorney For The Defendant

  • Hercules Manufacturing Inc Defendant

  • Hodges, George Stephen Attorney For The Defendant

  • Hodges, Kelly Ann Attorney For The Defendant

  • Honeywell International, Inc., Individually And F/K/A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp. And Lull Defendant

  • Hsu, Mark Kang Attorney For The Defendant

  • Husqvarna Professional Products, Inc. Defendant

  • Hyster-Yale Materials Handling, Inc. Defendant

  • Hannan, Christopher Attorney For The Defendant

  • Hanora Sarro Plaintiff

  • Jamison, Russell S Attorney For The Defendant

  • Jason Null Attorney

  • Jennette, Scott Robert Attorney For The Defendant

  • Jlg Industries, Inc. Individually And As Successor To Lull Defendant

  • John Howarth Attorneys For Defendants

  • Jordan Fox Attorneys For Plaintiffs

  • Joy Global Surface Mining, Individually And As Successor To Beloit Defendant

  • Joy Global, Inc. Defendant

  • Kelsey-Hayes Company, Individually And As Successor In Interest To Fruehauf Corp. Defendant

  • Kion North America Corporation Defendant

  • Komatsu America Corp. Defendant

  • Komatsu Forest Llc Individually And As Successor To Valmet And Sisu And Partek And Clark Defendant

  • Kone, Inc., Individually And As Successor To Montgomery Elevator Defendant

  • Kozak, Christopher S Attorney For The Defendant

  • Krajewski, Kenneth Alfred Attorney For The Defendant

  • Link-Belt Construction Equipment Company Defendant

  • Lucas Varity Automotive Holdings Company, Individually And As Successor To Massey Ferguson Defendant

  • Mack Trucks, Inc. Individually And As Successor To Brockway Defendant

  • Maimone, Thomas Joseph Attorney For The Defendant

  • Marlette, Peter Stewart Attorney For The Defendant

  • Masino, Michael J Attorney For The Defendant

  • Maxwell, Joel Michael Attorney For The Defendant

  • Mccord Corporation Defendant

  • Mccord Inc Defendant

  • Metropolitan Life Insurance Company Defendant

  • Michael O'Sullivan Attorneys For Defendants

  • Miller, Amanda Jean Attorney For The Defendant

  • Miller, Diane Helene Attorney For The Defendant

  • Montano, James S. Attorney For The Defendant

  • Morio, John Durkin Attorney For The Defendant

  • Morse Tec Llc, F/K/A Borgwarner Morse Tec Llc And Successor-By-Merger To Borg-Warner Corporation Defendant

  • Mullins, Robert J. Attorney For The Defendant

  • Mark Sarro Plaintiff

  • Nacco Materials Handling Group, Inc. Individually And As Successor-In-Interest To Hyster Company And As Successor-In-Interest To Yale Materials Handling Corp. Defendant

  • Navistar, Inc. Defendant

  • New York Air Brake Llc Defendant

  • O'Rourke, Philip J Attorney For The Defendant

  • Otis Elevator Company Defendant

  • Perez, Lance Attorney For The Defendant

  • Perkins Engines, Inc. Defendant

  • Pneumo Abex Corporation Defendant

  • Pneumo-Abex Llc, Individually And As Successor To Abex Corporation, A Delaware Corporation Defendant

  • Reddaway Manufacturing Co., Inc. Defendant

  • Rice, Matthew James Attorney For The Defendant

  • Robert Jordan Attorneys For Defendants

  • Rockwell Automation, Inc. Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F/K/A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Companys Timken Silent Automatic Division Defendant

  • Ryan, Jodie L. Attorney For The Defendant

  • Sapon, Andrew Attorney For The Defendant

  • Scan-Pac Mfg., Inc. Defendant

  • Schmolze, Jason Liam Attorney For The Defendant

  • Schneider, Lee Daniel Attorney For The Defendant

  • Spx Corporation Individually And As Successor To General Signal Corporation And New York Air Brake Defendant

  • Standard Motor Products, Inc., Individually And As Successor To Eis Defendant

  • Stoughton Trailers Defendant

  • Stricker Trailers Llc Defendant

  • Susan Engel Attorneys For Defendants

  • Suzuki Motor Of America, Inc. Defendant

  • Tanenbaum, Michael A Attorney For The Defendant

  • Technify Motor Usa Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc And Continental Motors Company Defendant

  • Teledyne Technologies Inc Individually And As Successor To Teledyne Continental Motors Inc F/K/A Continental Motors Inc Continental Motors Company Defendant

  • Terex American Crane Corp. Defendant

  • Terex Corporation Individually And As Successor In Interest To Terex American Crane, American Hoist & Derrick, American Crane Division, Amhoist, Amdura Corporation And American Crane Corporation Defendant

  • Terex Cranes Wilmington, Inc. Defendant

  • Terex Usa Llc Defendant

  • Thomas Marafioti Attorneys For Defendants

  • Trailmobile Parts & Service Corporation, In Its Own Right And As Successor In Interest To Trailmobile Trail Corporation Defendant

  • Tvh Parts Co., Individually And As Successor To Intrupa Defendant

  • Twin Disc, Inc. Defendant

  • Union Carbide Corporation Defendant

  • Utility Trailer Manufacturing Company Defendant

  • Van Gelder, Susan Elizabeth Attorney For The Defendant

  • Varma, Preeya Sonia Attorney For The Defendant

  • Volvo Construction Equipment North America, Inc., Individually And As Successor-In-Interest To Euclid, Inc. Defendant

  • Volvo Trucks North America Inc Ind And As Successor To White Consolidated Industries And Diamond Reo And White Motors Hercules Engines And Hercules Motors Defendant

  • Volvo Trucks North America, Inc., Individually And As Successor To White Consolidated Industries And Diamond Reo Defendant

  • Wabash National Trailer Centers, Inc. Defendant

  • Weill, Elizabeth Anne Attorney For The Defendant

  • Weinholtz, John Joseph Attorney For The Defendant

  • Western Auto Supply Company Defendant

  • White Engines Inc Defendant

  • Yamaha Motor Corporation, Usa, Defendant

  • Yavitz, Judith A Attorney For The Defendant

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