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FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 248 RECEIVED NYSCEF: 08/27/2019
"9"
Exhibit
FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 248 . CLERK. INDE
RECEIVED NO
NYSCEF: 190225L2018
08/27/2019
FILED : NEW YORK - COUNTY 09/11./2018 05 : 0 6 Pb$
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018
SUFKEME UUUK1 Of THE 5'lA1E UF NE W YU1GL
COUNTY OF NEW YORK
_________._______¬__________..-_____---------..---X
MUNIR SEEN : Index No. 190225/2018
: Date filed: 8/10/2018
Plaintiff, :
: Plaintiff designates New York
-against- : as the place of trial
County
84 LUMBER COMPANY, et. al. : The basis of the venue is
: Defendant's Place of Business
Defendants. :
: SUMMONS
See Attached Rider - FULL CAPTION :
____..----------------------------- --------X
TO THE ABOVE NAMEDDEFENDANTS:
You are hereby summoned to answer the 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
Plaintiffs'
Appearance, on the Attorney within 20 days after the service of this Summons,
exclusive of the day of service (or within 30 days after the service is complete ifthis Sumam is
not personally delivered to you within the State of New York). In the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Date: New York, New York
September 11, 2018
SIMMONS HANLY CONROY
. Attorneys for Plaintiffs
112 Madison Avenue
New York, NY 10016
Tel.: (212)784-64 0
By:
Lauren e V. Nassif, Esq.
Defendants'
addresses:
SEE ATTACHED RIDER
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COUK1'
SUPREME OF '1HE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------------------- ---- ----X
MUNIR SEEN, : Index No.: 190225/2018
Plaintiffs, : COMPLAINT FILED: 8/10/2018
-against- :
:SECOND AMENDED FULL
:CAPTION RIDER
84 LUMBER COMPANY :
AERCO INTERNATIONAL, INC. :
ALGOMA HARDWOODS, INC., :
BENJAMIN MOORE & COMPANY, :
BMCE INC., in itself and as successor to UNITED :
CENTRIFUGAL PUMP CO., :
CBS CORPORATION, a Delaware corporation :
f/k/a VIACOM INC. successor-by-merger to :
CBS CORPORATION, a Pennsylvania corporation :
f/k/a WESTINGHOUSE ELECTRIC CORPORATION, :
CERTAIN-TEED CORPORATION, :
CONWED CORPORATION, :
CRANE CO., :
DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., :
FOSTER WHEELER ENERGY CORPORATION, :
GENERAL ELECTRIC COMPANY, :
TNDT TRTRT A T . HOI.DTNGR CORPOR A TTON f/Ir/nTHE
CARBORUNDUM COMPANY, :
INOERSOLL-RAND COMPANY, :
IPA SYSTEMS, INC., :
JOHN CRANE INC., :
KELLY MOORE PAINT COMPANY INC., :
MARIO & DIBONO FIREPROOFING CORP., :
MARIO & DIBONO PLASTERING CO. INC., :
MCKESSON CORPORATION , :
METROPOLITAN LIFE INSURANCE COMPANY,
PFIZER INC., :
SHERWIN-WILLIAMS AUTOMOTIVE FINISHES :
CORPORATION, :
SIMPSON TIMBER COMPANY, :
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TISHMAN CONSTRUCTION CORPOKATION, :
TURNER CONSTRUCTION COMPANY, :
U.S. PLYWOOD a/k/a INTERNATIONAL PAPER :
COMPANY, :
WEYERHAEUSERCOMPANY, :
UNION CARBIDE CORPORATION, :
JOHN DOE 1 through JOHN DOE 75 (fictitious), :
Defendants. :
---...-- ----------------..--------------------------X
1
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SUPKEME COURT OF '1HE STATE OF NEW Y ORK
COUNTY OF NEW YORK
___________....------------------- ---- -----------X
MUNIR SEEN, : Index No.: 190225/2018
Plaintiffs, : COMPLAINT FILED: 8/10/2018
-against- :
VERIFIED SECOND
AMENDED COMPLAINT
84 LUMBER COMPANY
AERCO INTERNATIONAL, INC. :
ALGOMA HARDWOODS, INC., :
BENJAMIN MOORE & COMPANY,
BMCE INC., in itself and as successor to UNITED :
CENTRIFUGAL PUMP CO., :
CBS CORPORATION, a Delaware corporation :
f?k/a VIACOM INC. successor-by-merger to :
CBS CORPORATION, a Pennsylvania corporation :
f/k/a WESTINOHOUSE ELECTRIC CORPORATION, :
CERTAIN-TEED CORPORATION, :
CONWED CORPORATION, :
CRANE CO., :
DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., :
FOSTER WHEELER ENERGY CORPORATION, :
GENERAL ELECTRIC COMPANY, :
INDUSTRIAL HOLDINGS CORPORATION Sk/a THE :
CAltRORITNDTTM COMPANY
INGERSOLL-RAND COMPANY, :
IPA SYSTEMS, INC., :
JOHN CRANE INC., :
KELLY MOORE PAINT COMPANY INC., :
MARIO & DIBONO FIREPROOFING CORP., :
MARIO & DIBONO PLASTERING CO. INC., :
MCKESSON CORPORATION , :
METROPOLITAN LIFE INSURANCE COMPANY, :
PFIZER INC., : i
SHERWIN-WILLIAMS AUTOMOTIVE FINISHES :
CORPORATION, :
SIMPSON TIMBER COMPANY, :
TISHMAN CONSTRUCTION CORPORATION, :
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U.S. PLYWOOD a/k/a INTERNATIONAL PAPER
COMPANY,
WEYERHAEUSERCOMPANY,
UNION CARBIDE CORPORATION,
JOHN DOE 1 through JOHN DOE 75 (fictitious),
Defendants.
-X
PlaintifFs c m~~>~' of the SIMMONS HANLY their
defendants, by CONROY,
attorneys, respectfully alleges, upon information and belief, at alltimes hereinafter ~>oned, as
follows:
PARTIES —PLAINTIFFS
1. Plaintiffs, Munir Seen resides at 1412 Summer Hill Rd., Wayne, NJ. Plaintiff,
Munir Seen was exposed to as~~~s while working as a laborer at Metal Cutting Corp„a laborer
at Gulf Plastic Product Co., an operator at Lily Cup Corp., a drywaller, laborer and carpenter doing
construction work and a security guard at Passaic County Technical Institute. While working at
these jobs and at other times and ply~ Plaintiff Munir Seen was exposed to dust &om asbestos
and asbesto~ containing prOduct. As a direct and proxunate result of his '-==-===--'-~n
and ingestion
1
Defendants'
of ~~stoa dust particles and fibers &om asbestos and asbestos-contaminated
injury meeting the criteria for placement on the New York City Asbestos Litigation ("NYCAL")
j
active docket as set forth in the NYCAL Case management order.
2. PlaintifT's respectfully repeats and realleges, and incorporates as set forth more
S~=- —
-=. C~™"' '
fully herein allallegations contained in Simmons Hanly Conroy t forNew
\
York City A~be~~s Lifigation Gled with the Court under Index No. 40,000 on June 16, 2015 as it
pertains to the defendants in the afc"~™~>oned caption.
2
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3. Reference herem to plamtiff and/or plamtiff's decedents is reference to allthe .
persons set forth above as is syrdactically and contextually correct.
PARTIES - DEFENDANTS
4, Defendant, 84 LUMBER COMPANY, is a corporation and was doing
business in the State of New York.
5. Defendant, AERCO INTERNATIONAL INC., is a corporation and was doing
business in the State of New York.
6. Defendant, BENJAMIN MOORE & COMPANY, is a corporation and was doing
business in the State of New York.
7. Defendant, BMCE INC., in itselfand as sucwssor to UNITED CENTRIFUGAL
PUMP CO., is a corporation and was doing business in the State of New York.
8. Defendant, CBS CORPORATION a Delaware Corporation f/k/a VIACOM ]NC.,
successor by merger to CBS CORPORATION, a Pennsylvania Corporation f/k/a
WESTINGHOUSE ELECTRIC CORPORATION, is a corporation and was doing
business in the State of New York.
Q
Tiefendant,
FR T A TM-TRRD OR POR A TTON is 2 corne-d,m antiums . ..
dning
business in the State of New York.
10. Defendant, CONWED CORPORATION is a corporation and was doing business
in the State of New York.
11. Defedent, CRANE CO. is a corpora+ien and was doing businaas in the State of
New York.
12. Defendant, DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., is a corporation
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and was domg business m the State of New Y ork.
13. Defendant3 FOSTER WHEELER ENERGY CORPORATION is a corporation
and was doing business in the State of New York.
14. Defendant, GENERAL ELECTRIC COMPANY, is a domestic corporation with
itsprincipal place of business in the State of New York.
15. Dafendant, INDUSTRIAL HOLDINGS CORPORATION f/k/aTHE
CARBORUNDUM COMPANY, is a domestic corporation with itsprincipal
place of business in the State of New York.
16. Dafendant, INGERSOLL-RAND COMPANY, is a corporation and was doing
business in the State of New York.
17. Defendant, IPA SYSTEMS, INC., , Individually and as successor to Hoffman
Specialty Co., Inc. and Bell & Gossett Company, is a corporation and was doing
business in the State of New York.
18. Defendant JOHN CRANE INC., is a corporation and was doing business in the I
State ofNew York.
19. Defendant, KELLY MOORE PAINT COMPANY INC., is a domestic
enrpnmfinn with iteprincipal place of hueinees in the state of ww Ynrk
20. Defendant, MARIO & DIBONO FIREPROOFING CORP., is a corporation and
was doing business in the State of New York.
21. Defendant, MARIO & DIBONO PLASTERING CO., INC., is a corporation and
was doing business in the State ofNew York.
22. Defendant, MCKESSON CORPORATION. is a corporation and was doing
business in the State of New York.
!
4
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23. Defendant, METKOPOLf1AN LIFE INSURANCE COMPANY is a corporation
and was doing business in the State of New York,
24. Defendant PFIZER INC., is a corporation and was
doing business in the State of New York.
25. Defendant SHERWIN-WILLIAMS AUTOMOTIVE FINISHES
CORPORATION, is a corporation and was doing business in the State of New
York.
26. Defendant SIMPSON TIMBER COMPANY, is a corporation and was
doing business in the State of New York.
27. Defendant, TISHMAN CONSTRUCTION CORPORATION Individually and as
Successor-in-Interest to Sea-Land Service, Inc., is a corporation and was doing
business in the State of New York.
28. Defendant TURNER CONSTRUCTION COMPANY, is a corporation and was
doing business in the State of New York.
29. Defendant UNION CARBIDE CORPORATION, is a domestic corporation with
itsprincipal place of business in the State of New York.
0 Thikasrd II R PI.VWOOD a/Ir/nINTFRNA TTONAT. PAPFR OMPANY
is a domesuc corporation with itsprincipal place of business in the State of New
York.
31. Da=d==+ WEYERHAEUSER is a domestic corporation with
COMPANY,
itsprincipal place of business in the State of New York.
32. Deand-+ ALGOMA is a corporation
HARDWOODS, INC.,
and was doing business in the State of New York.
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33. Defendant John Doe 1 (believed to be Johns-Manville Sales Corporation); John
Doe 2 (believed to be Johns-Manville Sales Corporatics, se-=-.sor to Johns-Manville Products
Corporation); John Doe 3 (believed to be Johns-Manville Corporation); John Doe 4 (believed to
be Jelms-Manville Canada, Inc.,formerly known as Canadian Johns-Manville Co., Ltd.); John
Doe 5 (believed to be Canadian Johns-Manville Amiante Ltd., formerly known as Canadian
Johns-Manville Ashestes, Ltd.); John Doe 6 (believed to be Manville Corporation); and John
Doe 7 (believed to be International Johns-Manville Corporation, Ltd.) are the fictitions names of
corporations, partnerships, or other business entities or organizations, whose identities are not
presently known.
34. John Doe 8 through John Doe 50, are the fictitious names of corporations,
or other business entities or organiva+ian- whose identities are not
partnerships, presently
known, and who mined, -Atured, sold, marketed, inshaled or removed, asbestos or
asbestos containing products which plaintiff used or was exposed to.
35. John Doe 51 through John Doe 75 are the fictitious names of corporations,
partnerahipe, or other business entities or organizations whose identities are not presently
those who mined, milled, manufactured, sold, marketed, installed or reraeved ashestos or
asbestos containing pmducts which plaintiff used or to which plaintiff was exposed.
"dafendant"
36. The term is used hereafter to refer to all of the entities named above.
37. At allrelevant times the defendants have done business in this state, have
transacted business in this state,have connnitted one or more tortuous acts within this state, and
6
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otherwise have performed acts within or without the state which have given rise to the injuries
and losses hereafter described, and which subjects them to jurisdicEen of the courts of this state.
38. Plaintiff hereby incorporate by reference all allegations set forth in the Standard
Verified Complahn filed with the Court under Index No. 40,000 on June 16, 2015 in accordance
with the Case Management Order entered by Justice Freedman respecting asbestos litigation.
Copies of the Standard Complaint are availshle upon written request.
JURISDICTIONAL ALLEGATIONS
39. At allrelevant times, defendants have done business in this state,have transacted
business in thisstate, have committed one or more tortuous acts within this state, and/or otherwise
have performed acts within or without the state which have given rise to the injuries and losses
hereafter described, and which subjects them to jurisdiction of the courts of this state; or, are
present and/or doing business in this state such that they may be deemed e-+ially at home.
AS AND FOR A FIRST CAUSE OF ACTION s0UNDING IN NEGLIGENCE
40. Plaintiffs repeat and reiterate the prior allegations of this ccmp½t as ifalleged
!
more fully below. The following allegations are applicable only as to defedants: 84 LUMBER
COMPANY, AERCO INTERNATIONAL, INC., BENJAMIN MOORE & COMPANY,
-----4MGE4NG=r-in AL-PUMP-CO ---
CORPORATION, a Delaware corporation f/k/a VIACOM INC. successor-by-merger to CBS
CORPORATION, a Pennsylvania corporation f/k/a WEST1NGHOUSE ELECTRIC
CORPORATION, CERTAIN-TEED CORPORATION, CONWED CORPORATION, CRANE
CO., DAP, INC, n/k/a LA MIRADA PRODUCTS, INC., FOSTER WHEELER ENERGY
CORPORATION, GENERAL ELECTRIC COMPANY, INDUSTRIAL HOLDINGS
CORPORATION f/k/a THE CARBORUNDUM COMPANY, INGERSOLL-RAND
7
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COMPAN Y, IPA SY STEMS, INC., JOHN CRANE INC., 1ŒLL Y MOORE PAINT
COMPANY INC., MARIO & DIBONO FIREPROOFING CORP., MARIO & DIBONO
PLASTERING CO. INC., MCKESSON CORPORATION , METROPOLITAN LIFE
INSURANCE COMPANY, PFIZER INC., SHERWIN-WILLIAMS AUTOMOTIVE
FINISHES CORPORATION, SIMPSON TIMBER COMPANY, TISHMAN
CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, U.S.
PLYWOOD a/k/a INTERNATIONAL PAPER COMPANY, UNION CARBIDE
CORPORATION, WEYERHAEUSER COMPANY, ALGOMA HARDWOODS, ]NC.; and,
JOHN DOE 1 through JOHN DOE 75 (fictitious).
41. Plaintiffs, by this reference, hereby incorporate all allegations set forth in
paragraphs 1 through 19 of the Standard Verified Complaint filed with the Court under Index
No. 40000/88 on June 16, 2015 in accordance with the Case Management Order entered by
Justice Freedmañ respecting asbestos litigation. Copies of the Standard Complaintareavailable
upon written request.
AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN STRICT
LIABILITY
42. Plaintiffs repeat and reiterate the prior allegatiõñs of this complaint as if alleged
more fullybelow.
43. The following allegations are applicable only as to defendants:the same defendants
Plaintiffs'
identified in First Cause of Action of this Complaint.
44. Plaintiffs, by this reference, hereby incorporate all allegations set forth in
paragraphs 1 through 12 and 20 through 26 of the Standard Verified Compaint filed with the
Court under Index No. 40000/88 on June I6, 2015 in accardmee with the Case Managemcat
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Order entered Justice Freedman respecting asbestos litigation. Copies of the Standard
by
Complaint are available upon written request.
AS AND FOR A FOURTH CAUSE OF ACTION
AGAINST CONTRACTORDEFENDANTS
45. Plaintiffs repeat and reiterate the prior allegations of this complaint as ifalleged
more fully below.
46. The following allegations are applicable only as to defendants: MARIO &DIBONO
FIREPROOFING CORP., MARIPO & DIBONO PLASTERING CO., INC., TISHMAN
CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY and JOHN
DOE 1 through JOHN DOE 75 (fictitious).
47. Plaintiffs, by this reference, hereby incorporate all allegations set forth in
paragraphs 1 thraugh 12 and 44 through 53 of the St=dad Verified Complaint filed with the
Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management
Order entered Justice Freea== asbestos litigation. Copies of the S+==dad
by respecting
Complaint are available upon written request.
"site," "facilities"
48. As incorporated herein, the terms "facility,"and include ships /
vessels, and/or facilities, premises, and/or structures at which the same were constructed,
rcnsvãted, overhauled, repaired, ===+=-"ad, and/or demolished as gra=atically and
contextually appropriate.
AS AND FOR AN FIFTH CAUSE OF ACTION SOUNDING
IN WILLFUL, RECKLESS AND WANTON MISCONDUCT
49. Plaintiffs repeat and reiterate the prior allegations of this complaint as ifalleged
more fully below.
50. Plaintiffs bring this cause of action against ALL DEFENDANTS.
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$1. Plamtiffs, by this reference, hereby mcorporate paragraphs all allegaticus set torth
in paragraphs 1 through 12 and 69 through 73 of the Standard Verified Cespisint filed with the
Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management
Order entered by Justice Freedman respecting eshestes litigation. Copies of the Standard
Complaint are available upon written request,
AS AND FOR A SIXTH CAUSE OF ACTION
AGAINST DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY
52. Plaintiffs repeat and reiterate the prior allegations of this complaint as if alleged
more fully below. Plaintiffs bring this claim only against Defendant Metropolitan Life Insurance
Company.
53. Plaintiffs, by this reference, hereby incorporate paragraphs all allegations set forth
in paragraphs 1 through 12 and 27 through 33 of the Standard Verified Cespl±± filed with the
Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management
Order entered Justice Freedman asbestos litigation. Copies of the S+æda-1
by respecting
Complaint are available upon written request.
Dated: September 11, 2018
SIMMONS HANLY CONR0Y
Attorneys for Plaintiffs
112 Madison Avenue
New York, NY 10016
Tel.: (212)784-6400
By:
Laure . Nassif, Esq.
10
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FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 RECEIVED NYSCEF: 08/27/2019 "9" Exhibit FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 . CLERK. INDE RECEIVED NO NYSCEF: 190225L2018 08/27/2019 FILED : NEW YORK - COUNTY 09/11./2018 05 : 0 6 Pb$ NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 SUFKEME UUUK1 Of THE 5'lA1E UF NE W YU1GL COUNTY OF NEW YORK _________._______¬__________..-_____---------..---X MUNIR SEEN : Index No. 190225/2018 : Date filed: 8/10/2018 Plaintiff, : : Plaintiff designates New York -against- : as the place of trial County 84 LUMBER COMPANY, et. al. : The basis of the venue is : Defendant's Place of Business Defendants. : : SUMMONS See Attached Rider - FULL CAPTION : ____..----------------------------- --------X TO THE ABOVE NAMEDDEFENDANTS: You are hereby summoned to answer the 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 Plaintiffs' Appearance, on the Attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete ifthis Sumam is not personally delivered to you within the State of New York). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Date: New York, New York September 11, 2018 SIMMONS HANLY CONROY . Attorneys for Plaintiffs 112 Madison Avenue New York, NY 10016 Tel.: (212)784-64 0 By: Lauren e V. Nassif, Esq. Defendants' addresses: SEE ATTACHED RIDER 1 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 ..COUNTL ™DEX NYSCEF: RECEIVED /2 918 08/27/2019 FILED.: -NEW YORK. CLERK 0 9/11/2018 05 06 P NOn 19922§ NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 COUK1' SUPREME OF '1HE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------- ---- ----X MUNIR SEEN, : Index No.: 190225/2018 Plaintiffs, : COMPLAINT FILED: 8/10/2018 -against- : :SECOND AMENDED FULL :CAPTION RIDER 84 LUMBER COMPANY : AERCO INTERNATIONAL, INC. : ALGOMA HARDWOODS, INC., : BENJAMIN MOORE & COMPANY, : BMCE INC., in itself and as successor to UNITED : CENTRIFUGAL PUMP CO., : CBS CORPORATION, a Delaware corporation : f/k/a VIACOM INC. successor-by-merger to : CBS CORPORATION, a Pennsylvania corporation : f/k/a WESTINGHOUSE ELECTRIC CORPORATION, : CERTAIN-TEED CORPORATION, : CONWED CORPORATION, : CRANE CO., : DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., : FOSTER WHEELER ENERGY CORPORATION, : GENERAL ELECTRIC COMPANY, : TNDT TRTRT A T . HOI.DTNGR CORPOR A TTON f/Ir/nTHE CARBORUNDUM COMPANY, : INOERSOLL-RAND COMPANY, : IPA SYSTEMS, INC., : JOHN CRANE INC., : KELLY MOORE PAINT COMPANY INC., : MARIO & DIBONO FIREPROOFING CORP., : MARIO & DIBONO PLASTERING CO. INC., : MCKESSON CORPORATION , : METROPOLITAN LIFE INSURANCE COMPANY, PFIZER INC., : SHERWIN-WILLIAMS AUTOMOTIVE FINISHES : CORPORATION, : SIMPSON TIMBER COMPANY, : 2 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 INDE RECEIVED NOnl9922N2018 NYSCEF: 08/27/2019 FILED : NEW..YORK. COUNTY ·CLERK 09/11/2018 05:06 PN NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 TISHMAN CONSTRUCTION CORPOKATION, : TURNER CONSTRUCTION COMPANY, : U.S. PLYWOOD a/k/a INTERNATIONAL PAPER : COMPANY, : WEYERHAEUSERCOMPANY, : UNION CARBIDE CORPORATION, : JOHN DOE 1 through JOHN DOE 75 (fictitious), : Defendants. : ---...-- ----------------..--------------------------X 1 2 3 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF FILED DOC. :- NO. NEW 248 YORK. - COUNTY CLERK 09/11/2018 05.: 06.. P14.. .mpg RECEIVED non19922¶/2018 NYSCEF: 08/27/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 SUPKEME COURT OF '1HE STATE OF NEW Y ORK COUNTY OF NEW YORK ___________....------------------- ---- -----------X MUNIR SEEN, : Index No.: 190225/2018 Plaintiffs, : COMPLAINT FILED: 8/10/2018 -against- : VERIFIED SECOND AMENDED COMPLAINT 84 LUMBER COMPANY AERCO INTERNATIONAL, INC. : ALGOMA HARDWOODS, INC., : BENJAMIN MOORE & COMPANY, BMCE INC., in itself and as successor to UNITED : CENTRIFUGAL PUMP CO., : CBS CORPORATION, a Delaware corporation : f?k/a VIACOM INC. successor-by-merger to : CBS CORPORATION, a Pennsylvania corporation : f/k/a WESTINOHOUSE ELECTRIC CORPORATION, : CERTAIN-TEED CORPORATION, : CONWED CORPORATION, : CRANE CO., : DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., : FOSTER WHEELER ENERGY CORPORATION, : GENERAL ELECTRIC COMPANY, : INDUSTRIAL HOLDINGS CORPORATION Sk/a THE : CAltRORITNDTTM COMPANY INGERSOLL-RAND COMPANY, : IPA SYSTEMS, INC., : JOHN CRANE INC., : KELLY MOORE PAINT COMPANY INC., : MARIO & DIBONO FIREPROOFING CORP., : MARIO & DIBONO PLASTERING CO. INC., : MCKESSON CORPORATION , : METROPOLITAN LIFE INSURANCE COMPANY, : PFIZER INC., : i SHERWIN-WILLIAMS AUTOMOTIVE FINISHES : CORPORATION, : SIMPSON TIMBER COMPANY, : TISHMAN CONSTRUCTION CORPORATION, : 4 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 INDEX RECEIVED NO. NYSCEF: 190225/2018 08/27/2019 -FXLED:-MEW -YORK COUNTY...CLERK.09 11..2018.-05'-06."P NYSCEF DOC. NO. 27 RECEIUED NYSCEF: 09/11/2018 U.S. PLYWOOD a/k/a INTERNATIONAL PAPER COMPANY, WEYERHAEUSERCOMPANY, UNION CARBIDE CORPORATION, JOHN DOE 1 through JOHN DOE 75 (fictitious), Defendants. -X PlaintifFs c m~~>~' of the SIMMONS HANLY their defendants, by CONROY, attorneys, respectfully alleges, upon information and belief, at alltimes hereinafter ~>oned, as follows: PARTIES —PLAINTIFFS 1. Plaintiffs, Munir Seen resides at 1412 Summer Hill Rd., Wayne, NJ. Plaintiff, Munir Seen was exposed to as~~~s while working as a laborer at Metal Cutting Corp„a laborer at Gulf Plastic Product Co., an operator at Lily Cup Corp., a drywaller, laborer and carpenter doing construction work and a security guard at Passaic County Technical Institute. While working at these jobs and at other times and ply~ Plaintiff Munir Seen was exposed to dust &om asbestos and asbesto~ containing prOduct. As a direct and proxunate result of his '-==-===--'-~n and ingestion 1 Defendants' of ~~stoa dust particles and fibers &om asbestos and asbestos-contaminated injury meeting the criteria for placement on the New York City Asbestos Litigation ("NYCAL") j active docket as set forth in the NYCAL Case management order. 2. PlaintifT's respectfully repeats and realleges, and incorporates as set forth more S~=- — -=. C~™"' ' fully herein allallegations contained in Simmons Hanly Conroy t forNew \ York City A~be~~s Lifigation Gled with the Court under Index No. 40,000 on June 16, 2015 as it pertains to the defendants in the afc"~™~>oned caption. 2 5 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. __NENO. 248 0 5 :- O 6. PM RECEIVEDE NYSCEF: NO. 19ÿ225/2p18 08/27/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 3. Reference herem to plamtiff and/or plamtiff's decedents is reference to allthe . persons set forth above as is syrdactically and contextually correct. PARTIES - DEFENDANTS 4, Defendant, 84 LUMBER COMPANY, is a corporation and was doing business in the State of New York. 5. Defendant, AERCO INTERNATIONAL INC., is a corporation and was doing business in the State of New York. 6. Defendant, BENJAMIN MOORE & COMPANY, is a corporation and was doing business in the State of New York. 7. Defendant, BMCE INC., in itselfand as sucwssor to UNITED CENTRIFUGAL PUMP CO., is a corporation and was doing business in the State of New York. 8. Defendant, CBS CORPORATION a Delaware Corporation f/k/a VIACOM ]NC., successor by merger to CBS CORPORATION, a Pennsylvania Corporation f/k/a WESTINGHOUSE ELECTRIC CORPORATION, is a corporation and was doing business in the State of New York. Q Tiefendant, FR T A TM-TRRD OR POR A TTON is 2 corne-d,m antiums . .. dning business in the State of New York. 10. Defendant, CONWED CORPORATION is a corporation and was doing business in the State of New York. 11. Defedent, CRANE CO. is a corpora+ien and was doing businaas in the State of New York. 12. Defendant, DAP, INC. n/k/a LA MIRADA PRODUCTS, INC., is a corporation 6 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. :-·. NEW 248 6.. RECEIVED . mpEX NO. NYSCEF: 19022W2918 08/27/2019 FILED YORK COUNTY..CLERK 09 /11/2.018 .05 : 0 P14 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 and was domg business m the State of New Y ork. 13. Defendant3 FOSTER WHEELER ENERGY CORPORATION is a corporation and was doing business in the State of New York. 14. Defendant, GENERAL ELECTRIC COMPANY, is a domestic corporation with itsprincipal place of business in the State of New York. 15. Dafendant, INDUSTRIAL HOLDINGS CORPORATION f/k/aTHE CARBORUNDUM COMPANY, is a domestic corporation with itsprincipal place of business in the State of New York. 16. Dafendant, INGERSOLL-RAND COMPANY, is a corporation and was doing business in the State of New York. 17. Defendant, IPA SYSTEMS, INC., , Individually and as successor to Hoffman Specialty Co., Inc. and Bell & Gossett Company, is a corporation and was doing business in the State of New York. 18. Defendant JOHN CRANE INC., is a corporation and was doing business in the I State ofNew York. 19. Defendant, KELLY MOORE PAINT COMPANY INC., is a domestic enrpnmfinn with iteprincipal place of hueinees in the state of ww Ynrk 20. Defendant, MARIO & DIBONO FIREPROOFING CORP., is a corporation and was doing business in the State of New York. 21. Defendant, MARIO & DIBONO PLASTERING CO., INC., is a corporation and was doing business in the State ofNew York. 22. Defendant, MCKESSON CORPORATION. is a corporation and was doing business in the State of New York. ! 4 7 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 . COUNTY...CLERK 2018. . ... RECEIVED INQ NO NYSCEF: 19922 /2 g18 08/27/2019 FILED : NEW...YORK O 9/11 / ..05.: 0 6 . P14 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 23. Defendant, METKOPOLf1AN LIFE INSURANCE COMPANY is a corporation and was doing business in the State of New York, 24. Defendant PFIZER INC., is a corporation and was doing business in the State of New York. 25. Defendant SHERWIN-WILLIAMS AUTOMOTIVE FINISHES CORPORATION, is a corporation and was doing business in the State of New York. 26. Defendant SIMPSON TIMBER COMPANY, is a corporation and was doing business in the State of New York. 27. Defendant, TISHMAN CONSTRUCTION CORPORATION Individually and as Successor-in-Interest to Sea-Land Service, Inc., is a corporation and was doing business in the State of New York. 28. Defendant TURNER CONSTRUCTION COMPANY, is a corporation and was doing business in the State of New York. 29. Defendant UNION CARBIDE CORPORATION, is a domestic corporation with itsprincipal place of business in the State of New York. 0 Thikasrd II R PI.VWOOD a/Ir/nINTFRNA TTONAT. PAPFR OMPANY is a domesuc corporation with itsprincipal place of business in the State of New York. 31. Da=d==+ WEYERHAEUSER is a domestic corporation with COMPANY, itsprincipal place of business in the State of New York. 32. Deand-+ ALGOMA is a corporation HARDWOODS, INC., and was doing business in the State of New York. 8 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF FILED: DOC. NEW NO. 248 COUNTY . CLERK RECEIVEDINDEX NYSCEF: NO. 19022 /2018 08/27/2019 YORK 09/11/2018....05:.0 6 414 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 33. Defendant John Doe 1 (believed to be Johns-Manville Sales Corporation); John Doe 2 (believed to be Johns-Manville Sales Corporatics, se-=-.sor to Johns-Manville Products Corporation); John Doe 3 (believed to be Johns-Manville Corporation); John Doe 4 (believed to be Jelms-Manville Canada, Inc.,formerly known as Canadian Johns-Manville Co., Ltd.); John Doe 5 (believed to be Canadian Johns-Manville Amiante Ltd., formerly known as Canadian Johns-Manville Ashestes, Ltd.); John Doe 6 (believed to be Manville Corporation); and John Doe 7 (believed to be International Johns-Manville Corporation, Ltd.) are the fictitions names of corporations, partnerships, or other business entities or organizations, whose identities are not presently known. 34. John Doe 8 through John Doe 50, are the fictitious names of corporations, or other business entities or organiva+ian- whose identities are not partnerships, presently known, and who mined, -Atured, sold, marketed, inshaled or removed, asbestos or asbestos containing products which plaintiff used or was exposed to. 35. John Doe 51 through John Doe 75 are the fictitious names of corporations, partnerahipe, or other business entities or organizations whose identities are not presently those who mined, milled, manufactured, sold, marketed, installed or reraeved ashestos or asbestos containing pmducts which plaintiff used or to which plaintiff was exposed. "dafendant" 36. The term is used hereafter to refer to all of the entities named above. 37. At allrelevant times the defendants have done business in this state, have transacted business in this state,have connnitted one or more tortuous acts within this state, and 6 9 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF mpEX NO. 19922§/2018 F I LEDDOC.: NO. 248 NEW...YORK . COUNTY .CLERK ..09/11/2018 05 •û6 .Ph$· RECEIVED . NYSCEF: 08/27/2019 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 otherwise have performed acts within or without the state which have given rise to the injuries and losses hereafter described, and which subjects them to jurisdicEen of the courts of this state. 38. Plaintiff hereby incorporate by reference all allegations set forth in the Standard Verified Complahn filed with the Court under Index No. 40,000 on June 16, 2015 in accordance with the Case Management Order entered by Justice Freedman respecting asbestos litigation. Copies of the Standard Complaint are availshle upon written request. JURISDICTIONAL ALLEGATIONS 39. At allrelevant times, defendants have done business in this state,have transacted business in thisstate, have committed one or more tortuous acts within this state, and/or otherwise have performed acts within or without the state which have given rise to the injuries and losses hereafter described, and which subjects them to jurisdiction of the courts of this state; or, are present and/or doing business in this state such that they may be deemed e-+ially at home. AS AND FOR A FIRST CAUSE OF ACTION s0UNDING IN NEGLIGENCE 40. Plaintiffs repeat and reiterate the prior allegations of this ccmp½t as ifalleged ! more fully below. The following allegations are applicable only as to defedants: 84 LUMBER COMPANY, AERCO INTERNATIONAL, INC., BENJAMIN MOORE & COMPANY, -----4MGE4NG=r-in AL-PUMP-CO --- CORPORATION, a Delaware corporation f/k/a VIACOM INC. successor-by-merger to CBS CORPORATION, a Pennsylvania corporation f/k/a WEST1NGHOUSE ELECTRIC CORPORATION, CERTAIN-TEED CORPORATION, CONWED CORPORATION, CRANE CO., DAP, INC, n/k/a LA MIRADA PRODUCTS, INC., FOSTER WHEELER ENERGY CORPORATION, GENERAL ELECTRIC COMPANY, INDUSTRIAL HOLDINGS CORPORATION f/k/a THE CARBORUNDUM COMPANY, INGERSOLL-RAND 7 10 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NEW.. NO. 248 ..INgE RECEIVED NO. NYSCEF:.19922E2Q18 08/27/2019 ..$ILED.:... YORK COUNTY CLERK 09/11/2018 ..05.:·0.6.. P14. .... NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 COMPAN Y, IPA SY STEMS, INC., JOHN CRANE INC., 1ŒLL Y MOORE PAINT COMPANY INC., MARIO & DIBONO FIREPROOFING CORP., MARIO & DIBONO PLASTERING CO. INC., MCKESSON CORPORATION , METROPOLITAN LIFE INSURANCE COMPANY, PFIZER INC., SHERWIN-WILLIAMS AUTOMOTIVE FINISHES CORPORATION, SIMPSON TIMBER COMPANY, TISHMAN CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, U.S. PLYWOOD a/k/a INTERNATIONAL PAPER COMPANY, UNION CARBIDE CORPORATION, WEYERHAEUSER COMPANY, ALGOMA HARDWOODS, ]NC.; and, JOHN DOE 1 through JOHN DOE 75 (fictitious). 41. Plaintiffs, by this reference, hereby incorporate all allegations set forth in paragraphs 1 through 19 of the Standard Verified Complaint filed with the Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management Order entered by Justice Freedmañ respecting asbestos litigation. Copies of the Standard Complaintareavailable upon written request. AS AND FOR A SECOND CAUSE OF ACTION SOUNDING IN STRICT LIABILITY 42. Plaintiffs repeat and reiterate the prior allegatiõñs of this complaint as if alleged more fullybelow. 43. The following allegations are applicable only as to defendants:the same defendants Plaintiffs' identified in First Cause of Action of this Complaint. 44. Plaintiffs, by this reference, hereby incorporate all allegations set forth in paragraphs 1 through 12 and 20 through 26 of the Standard Verified Compaint filed with the Court under Index No. 40000/88 on June I6, 2015 in accardmee with the Case Managemcat 11 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 248 RECEIVED NDEX NYSCEF: NO 9g22E2918 08/27/2019 .. FILED : ...NEW..-YORK COUNTY.. CLERK ...09/11/2018 ...05.: O 6 PB4.. NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2O18 Order entered Justice Freedman respecting asbestos litigation. Copies of the Standard by Complaint are available upon written request. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST CONTRACTORDEFENDANTS 45. Plaintiffs repeat and reiterate the prior allegations of this complaint as ifalleged more fully below. 46. The following allegations are applicable only as to defendants: MARIO &DIBONO FIREPROOFING CORP., MARIPO & DIBONO PLASTERING CO., INC., TISHMAN CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY and JOHN DOE 1 through JOHN DOE 75 (fictitious). 47. Plaintiffs, by this reference, hereby incorporate all allegations set forth in paragraphs 1 thraugh 12 and 44 through 53 of the St=dad Verified Complaint filed with the Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management Order entered Justice Freea== asbestos litigation. Copies of the S+==dad by respecting Complaint are available upon written request. "site," "facilities" 48. As incorporated herein, the terms "facility,"and include ships / vessels, and/or facilities, premises, and/or structures at which the same were constructed, rcnsvãted, overhauled, repaired, ===+=-"ad, and/or demolished as gra=atically and contextually appropriate. AS AND FOR AN FIFTH CAUSE OF ACTION SOUNDING IN WILLFUL, RECKLESS AND WANTON MISCONDUCT 49. Plaintiffs repeat and reiterate the prior allegations of this complaint as ifalleged more fully below. 50. Plaintiffs bring this cause of action against ALL DEFENDANTS. 9 12 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF ..- FILED DOC. NO. .. NEW.. 248 YORK... 2.018. . ....INgEX .. RECEIVED NO NYSCEF: 022E2018 08/27/2019 : COUNTY-CLERK -.O.9./11/ 05.:·O6....P14 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 09/11/2018 $1. Plamtiffs, by this reference, hereby mcorporate paragraphs all allegaticus set torth in paragraphs 1 through 12 and 69 through 73 of the Standard Verified Cespisint filed with the Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management Order entered by Justice Freedman respecting eshestes litigation. Copies of the Standard Complaint are available upon written request, AS AND FOR A SIXTH CAUSE OF ACTION AGAINST DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY 52. Plaintiffs repeat and reiterate the prior allegations of this complaint as if alleged more fully below. Plaintiffs bring this claim only against Defendant Metropolitan Life Insurance Company. 53. Plaintiffs, by this reference, hereby incorporate paragraphs all allegations set forth in paragraphs 1 through 12 and 27 through 33 of the Standard Verified Cespl±± filed with the Court under Index No. 40000/88 on June 16, 2015 in accordance with the Case Management Order entered Justice Freedman asbestos litigation. Copies of the S+æda-1 by respecting Complaint are available upon written request. Dated: September 11, 2018 SIMMONS HANLY CONR0Y Attorneys for Plaintiffs 112 Madison Avenue New York, NY 10016 Tel.: (212)784-6400 By: Laure . Nassif, Esq. 10 13 of 19 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM