Preview
INDEX
INDEX NO.
NO. 190225/2018
190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK COUNTY
ASBESTOS LITIGATION
MUNIR SEEN,
Plaintiff,
-against-
84 LUMBER COMPANY, | Index No.: 190225/2018
AERCO INTERNATIONAL, INC.
ALGOMA HARDWOODS, INC.,
BENJAMIN MOORE & COMPANY, THIRD-PARTY SUMMONS
BMCE INC., in itself and as successor to UNITED
CENTRIFUGAL PUMP CO.,
CBS CORPORATION, a Delaware corporation Index No.:
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,
INDUSTRIAL HOLDINGS CORPORATION f/k/a
THE CARBORUNDUM COMPANY,
INGERSOLL-RAND COMPANY,
IPA SYSTEMS, INC., |
JOHN CRANE INC., |
KELLY MOORE PAINT COMPANY INC.,
MARIO & DIBONO FIREPROOFING CORP.,
MARIO & DIBONO PLASTERING CO. INC.,
MCKESSONCORPORATION, |
METROPOLITAN LIFE INSURANCE COMPANY, |
PFIZER INC.,
SHERWIN-WILLIAMSAUTOMOTIVE FINISHES
CORPORATION,
SIMPSON TIMBER COMPANY,
TISHMAN CONSTRUCTION CORPORATION,
TURNER CONSTRUCTION COMPANY,
U.S. PLYWOOD a/k/a INTERNATIONAL PAPER
COMPANY,
WEYERHAEUSER COMPANY,
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INDEX
INDEX NO.NO. 190225/2018
190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC. NO.
DOC. NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
UNION CARBIDE CORPORATION, |
JOHN DOE 1 through JOHN DOE 75 (fictitious), |
Defendants.
IPA SYSTEMS, INC.,
Third-Party Plaintiff,
1
-against-
|
KAISER GYPSUM COMPANY, INC.,
Third-Party Defendant.
TO THE ABOVE NAMED THIRD-PARTY DEFENDANT:
You are hereby summoned to answer the Third-Party Complaint in this action, and to
serve a copy of your answer upon the undersigned attorneys for the third-party plaintiff within
twenty (20) days after service of this summons, exclusive of the day of service, or within thirty
(30) days after completion of the service if the Summons is not personally delivered to you
within the State of New York.
In case of your failure to answer or appear, judgment will be taken against you by default
for the relief demanded in the Third-Party Complaint.
McGIVNEY, KLUGER & COOK, P.C.
Attorneys for Third-Party Plaintiff
IPA SY TE .
By: ....
Nicholas P. Iannuzzi, Esq.
80 Broad Street, 23rdPlOOr
New York, New York 10004
(212) 509-3456
Dated: New York, New York
April 17, 2019
(N0826549-2) 2
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FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM INDEX
INDEX NO.
NO. 190225/2018
190225/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/02/2019
04/23/2019
TO: Kaiser Gypsum Company, Inc.
2626 Glenwood Avenue, Suite 550
Raleigh, North Carolina 27608
Simmons Hanly Conroy
112 Madison Ave 7th Floor
New York, New York 10016
fa·
Attorneys the Plaintiff
All Defendants
(N0826549-2} 3
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INDEX
INDEX NO.
NO. 190225/2018
190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK COUNTY
ASBESTOS LITIGATION
MUNIR SEEN,
Plaintiff,
-against- Index No.: 190225/2018
84 LUMBER COMPANY,
AERCO INTERNATIONAL, INC. THIRD-PARTY COMPLAINT
ALGOMA HARDWOODS, INC.,
BENJAMIN MOORE & COMPANY,
BMCE INC., in itself and as successor to UNITED Index No.:
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,
INDUSTRIAL HOLDINGS CORPORATION f/k/a
THE CARBORUNDUM COMPANY,
INGERSOLL-RAND COMPANY,
IPA SYSTEMS, INC.,
JOHN CRANE INC.,
KELLY MOORE PAINT COMPANY INC.,
MARIO & DIBONO FIREPROOFING CORP.,
MARIO & DIBONO PLASTERING CO. INC.,
MCKESSONCORPORATION,
METROPOLITAN LIFE INSURANCE COMPANY, |
PFIZER INC.,
SHERWIN-WILLIAMSAUTOMOTIVE FINISHES
CORPORATION,
SIMPSON TIMBER COMPANY,
TISHMAN CONSTRUCTION CORPORATION,
TURNER CONSTRUCTION COMPANY,
U.S. PLYWOOD a/k/a INTERNATIONAL PAPER
COMPANY,
WEYERHAEUSER COMPANY,
(N0826549-2}
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INDEX
INDEX NO.
NO. 190225/2018
190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
UNION CARBIDE CORPORATION,
JOHN DOE 1 through JOHN DOE 75 (fictitious), |
1
Defendants.
'
IPA SYSTEMS, INC.,
Third-Party Plaintiff,
-against-
KAISER GYPSUM COMPANY, INC.,
Third-Party Defendant.
Defendant/Third-Party Plaintiff, IPA SYSTEMS, INC. ("IPA SYSTEMS"), by and
through its attorneys, McGIVNEY, KLUGER & COOK, P.C., as and for its Third-Party
Complaint against the Third-Party Defendant, KAISER GYPSUM COMPANY, INC.
("KAISER"), hereby respectfully alleges upon information and belief, as follows:
1. Annexed hereto and made a part hereof is a true and accurate copy of the original
Summons and Verified Complaint, dated August 10, 2018, which seeks damages as a result of
alleged personal injury to Plaintiff, Munir Seen. The Complaint was subsequently amended
twice: once on August 30, 2018 and again on September 11, 2018. True and accurate copies of
Plaintiff's Summons and Verified Complaint, and Amended Complaints are aññexed hereto as
"A," "B," "C,"
Exhibit and respectively.
2. The aforementioned Complaints allege that Plaintiff, in the course of his
employment, worked with asbestos-containing products, including products allegedly
manufactured by IPA SYSTEMS, which allegedly exposed Plaintiff to asbestos.
(N0826549-2) 2
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INDEX NO.
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190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
3. That the Defendant/Third-Party Plaintiff, IPA SYSTEMS, was individually
purportedly served with a Summons and Verified Complaint filed on August 15, 2018, to recover
damages for injuries allegedly sustained by Plaintiffs.
4. That the Defendant/Third-Party Plaintiff, IPA SYSTEMS, Answered the
SYSTEMS'
Complaint on November 2, 2018. A true and accurate copy of IPA Answer is
"D."
attached hereto as Exhibit
5. That without admitting or denying the truth of the allegations contained in the
aforementioned Summons and Complaints, except that all allegations of wrongdoing asserted
against defendant, IPA SYSTEMS, are hereby denied in their entirety as set forth in its Answer,
Exhibit D, the aforementioned Complaints, are made a part of the within Third-Party Complaint,
and are incorporated herein by reference as if fully set forth at length.
6. That at all times hereinafter mentioned the Defendant/Third-Party Plaintiff, IPA
SYSTEMS, was and stillis a corporation existing under and by virtue of the laws of the State of
Pennsylvania.
7. That at all materials times herein, Third-Party Defendant, KAISER, is and was a
foreign corporation, authorized to do business in the State of New York.
8. That at all times hereinafter mentioned the Third-Party Defendant, KAISER, was
and still is a corporation existing under and by virtue of the laws of the State of North Carolina.
9. That at all material times herein, Third-Party Defendant, KAISER, did and/or
solicited business in the State of New York, and derived and continued to derive substantial
revenue therefrom.
10. That all material times herein, Third-Party Defendant, KAISER, committed
tortious acts and/or statutory violations within the State of New York.
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FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM INDEX
INDEX NO.
NO. 190225/2018
190225/2018
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 10/02/2019
04/23/2019
11. That Plaintiff was deposed on September 5, 2018, where he testified that he was
allegedly exposed to asbestos from joint compounds manufactured by, among others, KAISER
and IPA SYSTEMS, throughout his career as a drywaller.
12. That KAISER manufactured and sold asbestos-containing joint compound and
this product was placed in the stream of commerce.
13. That KAISER manufactured the asbestos-containing joint compound to which
Plaintiff was exposed and caused to be injured.
A_S AND FOR A FIRST CAUSE OF ACTION
14. Defendant/third-party plaintiff, IPA SYSTEMS, repeats and re-alleges each and
"1" "13"
every allegation contained in paragraphs numbered through with the same force and
effect as ifmore fully set forth herein.
15. Between 1967 and 1980, Plaintiff, Munir Seen, was allegedly exposed to asbestos
from the mixing, application, and subsequent sanding of Joint Compound manufactured and/or
sold by Third-Party Defendant, KAISER.
16. That if Plaintiff, Munir Seen, sustained the injuries and damages alleged in the
Complaints, and if the injuries and damages were not sustained by said Plaintiff's own
negligence and culpability, then said injuries and/or damages were sustained by reason of
carelessness, recklessness, negligence, culpability, and/or acts of omission and/or commission by
the Third-Party Defendant, KAISER, and its agents, servants, and/or employees, and without
negligence or fault on the part of the Defendant/Third-Party Plaintiff, IPA SYSTEMS,
contributing thereto.
17. That if Munir obtains a judgment against the Defendant/Third-
Plaintiff, Seen,
Party Plaintiff, IPA SYSTEMS, then the Third-Party Defendant, KAISER, will become
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INDEX
INDEX NO.
NO. 190225/2018
190225/2018
FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 334
142 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 04/23/2019
10/02/2019
obligated to either indemnify the Defendant/Third-Party Plaintiff for the full amount of such
judgment or to contribute to the payment of such judgment in a proportion to be determined upon
the trial of this action.
WHEREFORE Defendant/Third-Party Plaintiff, IPA SYSTEMS, INC., demands that
KAISER GYPSUM COMPANY, INC., be added to this case and demands judgment against all
defendants and third-party defendants heretofore and/or hereinafter named for all sums as may
be found due against it in favor of the plaintiff, along with all reasonable costs and attorney's
fees incurred herein.
McGIVNEY, KLUGER & COOK, P.C.
Attorneys for Third-Party Plaintiff
IPA SYSTEMS, INC.
By: __
Nicholas P. Iannuzzi, Esq.
23rd
80 Broad Street, FlOOr
New York, New York 10004
(212) 509-3456
Dated: New York, New York
April 17, 2019
{N0826549-2} 5
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Preview
INDEX INDEX NO. NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK COUNTY ASBESTOS LITIGATION MUNIR SEEN, Plaintiff, -against- 84 LUMBER COMPANY, | Index No.: 190225/2018 AERCO INTERNATIONAL, INC. ALGOMA HARDWOODS, INC., BENJAMIN MOORE & COMPANY, THIRD-PARTY SUMMONS BMCE INC., in itself and as successor to UNITED CENTRIFUGAL PUMP CO., CBS CORPORATION, a Delaware corporation Index No.: 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, INDUSTRIAL HOLDINGS CORPORATION f/k/a THE CARBORUNDUM COMPANY, INGERSOLL-RAND COMPANY, IPA SYSTEMS, INC., | JOHN CRANE INC., | KELLY MOORE PAINT COMPANY INC., MARIO & DIBONO FIREPROOFING CORP., MARIO & DIBONO PLASTERING CO. INC., MCKESSONCORPORATION, | METROPOLITAN LIFE INSURANCE COMPANY, | PFIZER INC., SHERWIN-WILLIAMSAUTOMOTIVE FINISHES CORPORATION, SIMPSON TIMBER COMPANY, TISHMAN CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, U.S. PLYWOOD a/k/a INTERNATIONAL PAPER COMPANY, WEYERHAEUSER COMPANY, {N0826549-2} 1 of 8 INDEX INDEX NO.NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. NO. DOC. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 UNION CARBIDE CORPORATION, | JOHN DOE 1 through JOHN DOE 75 (fictitious), | Defendants. IPA SYSTEMS, INC., Third-Party Plaintiff, 1 -against- | KAISER GYPSUM COMPANY, INC., Third-Party Defendant. TO THE ABOVE NAMED THIRD-PARTY DEFENDANT: You are hereby summoned to answer the Third-Party Complaint in this action, and to serve a copy of your answer upon the undersigned attorneys for the third-party plaintiff within twenty (20) days after service of this summons, exclusive of the day of service, or within thirty (30) days after completion of the service if the Summons is not personally delivered to you within the State of New York. In case of your failure to answer or appear, judgment will be taken against you by default for the relief demanded in the Third-Party Complaint. McGIVNEY, KLUGER & COOK, P.C. Attorneys for Third-Party Plaintiff IPA SY TE . By: .... Nicholas P. Iannuzzi, Esq. 80 Broad Street, 23rdPlOOr New York, New York 10004 (212) 509-3456 Dated: New York, New York April 17, 2019 (N0826549-2) 2 2 of 8 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM INDEX INDEX NO. NO. 190225/2018 190225/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/02/2019 04/23/2019 TO: Kaiser Gypsum Company, Inc. 2626 Glenwood Avenue, Suite 550 Raleigh, North Carolina 27608 Simmons Hanly Conroy 112 Madison Ave 7th Floor New York, New York 10016 fa· Attorneys the Plaintiff All Defendants (N0826549-2} 3 3 of 8 INDEX INDEX NO. NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK COUNTY ASBESTOS LITIGATION MUNIR SEEN, Plaintiff, -against- Index No.: 190225/2018 84 LUMBER COMPANY, AERCO INTERNATIONAL, INC. THIRD-PARTY COMPLAINT ALGOMA HARDWOODS, INC., BENJAMIN MOORE & COMPANY, BMCE INC., in itself and as successor to UNITED Index No.: 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, INDUSTRIAL HOLDINGS CORPORATION f/k/a THE CARBORUNDUM COMPANY, INGERSOLL-RAND COMPANY, IPA SYSTEMS, INC., JOHN CRANE INC., KELLY MOORE PAINT COMPANY INC., MARIO & DIBONO FIREPROOFING CORP., MARIO & DIBONO PLASTERING CO. INC., MCKESSONCORPORATION, METROPOLITAN LIFE INSURANCE COMPANY, | PFIZER INC., SHERWIN-WILLIAMSAUTOMOTIVE FINISHES CORPORATION, SIMPSON TIMBER COMPANY, TISHMAN CONSTRUCTION CORPORATION, TURNER CONSTRUCTION COMPANY, U.S. PLYWOOD a/k/a INTERNATIONAL PAPER COMPANY, WEYERHAEUSER COMPANY, (N0826549-2} 4 of 8 INDEX INDEX NO. NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 UNION CARBIDE CORPORATION, JOHN DOE 1 through JOHN DOE 75 (fictitious), | 1 Defendants. ' IPA SYSTEMS, INC., Third-Party Plaintiff, -against- KAISER GYPSUM COMPANY, INC., Third-Party Defendant. Defendant/Third-Party Plaintiff, IPA SYSTEMS, INC. ("IPA SYSTEMS"), by and through its attorneys, McGIVNEY, KLUGER & COOK, P.C., as and for its Third-Party Complaint against the Third-Party Defendant, KAISER GYPSUM COMPANY, INC. ("KAISER"), hereby respectfully alleges upon information and belief, as follows: 1. Annexed hereto and made a part hereof is a true and accurate copy of the original Summons and Verified Complaint, dated August 10, 2018, which seeks damages as a result of alleged personal injury to Plaintiff, Munir Seen. The Complaint was subsequently amended twice: once on August 30, 2018 and again on September 11, 2018. True and accurate copies of Plaintiff's Summons and Verified Complaint, and Amended Complaints are aññexed hereto as "A," "B," "C," Exhibit and respectively. 2. The aforementioned Complaints allege that Plaintiff, in the course of his employment, worked with asbestos-containing products, including products allegedly manufactured by IPA SYSTEMS, which allegedly exposed Plaintiff to asbestos. (N0826549-2) 2 5 of 8 INDEX INDEX NO. NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 3. That the Defendant/Third-Party Plaintiff, IPA SYSTEMS, was individually purportedly served with a Summons and Verified Complaint filed on August 15, 2018, to recover damages for injuries allegedly sustained by Plaintiffs. 4. That the Defendant/Third-Party Plaintiff, IPA SYSTEMS, Answered the SYSTEMS' Complaint on November 2, 2018. A true and accurate copy of IPA Answer is "D." attached hereto as Exhibit 5. That without admitting or denying the truth of the allegations contained in the aforementioned Summons and Complaints, except that all allegations of wrongdoing asserted against defendant, IPA SYSTEMS, are hereby denied in their entirety as set forth in its Answer, Exhibit D, the aforementioned Complaints, are made a part of the within Third-Party Complaint, and are incorporated herein by reference as if fully set forth at length. 6. That at all times hereinafter mentioned the Defendant/Third-Party Plaintiff, IPA SYSTEMS, was and stillis a corporation existing under and by virtue of the laws of the State of Pennsylvania. 7. That at all materials times herein, Third-Party Defendant, KAISER, is and was a foreign corporation, authorized to do business in the State of New York. 8. That at all times hereinafter mentioned the Third-Party Defendant, KAISER, was and still is a corporation existing under and by virtue of the laws of the State of North Carolina. 9. That at all material times herein, Third-Party Defendant, KAISER, did and/or solicited business in the State of New York, and derived and continued to derive substantial revenue therefrom. 10. That all material times herein, Third-Party Defendant, KAISER, committed tortious acts and/or statutory violations within the State of New York. {N0826549-2} 3 6 of 8 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM INDEX INDEX NO. NO. 190225/2018 190225/2018 NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 10/02/2019 04/23/2019 11. That Plaintiff was deposed on September 5, 2018, where he testified that he was allegedly exposed to asbestos from joint compounds manufactured by, among others, KAISER and IPA SYSTEMS, throughout his career as a drywaller. 12. That KAISER manufactured and sold asbestos-containing joint compound and this product was placed in the stream of commerce. 13. That KAISER manufactured the asbestos-containing joint compound to which Plaintiff was exposed and caused to be injured. A_S AND FOR A FIRST CAUSE OF ACTION 14. Defendant/third-party plaintiff, IPA SYSTEMS, repeats and re-alleges each and "1" "13" every allegation contained in paragraphs numbered through with the same force and effect as ifmore fully set forth herein. 15. Between 1967 and 1980, Plaintiff, Munir Seen, was allegedly exposed to asbestos from the mixing, application, and subsequent sanding of Joint Compound manufactured and/or sold by Third-Party Defendant, KAISER. 16. That if Plaintiff, Munir Seen, sustained the injuries and damages alleged in the Complaints, and if the injuries and damages were not sustained by said Plaintiff's own negligence and culpability, then said injuries and/or damages were sustained by reason of carelessness, recklessness, negligence, culpability, and/or acts of omission and/or commission by the Third-Party Defendant, KAISER, and its agents, servants, and/or employees, and without negligence or fault on the part of the Defendant/Third-Party Plaintiff, IPA SYSTEMS, contributing thereto. 17. That if Munir obtains a judgment against the Defendant/Third- Plaintiff, Seen, Party Plaintiff, IPA SYSTEMS, then the Third-Party Defendant, KAISER, will become {N0826549-2} 4 7 of 8 INDEX INDEX NO. NO. 190225/2018 190225/2018 FILED: NEW YORK COUNTY CLERK 10/02/2019 03:20 PM NYSCEF NYSCEF DOC. DOC. NO. NO. 334 142 RECEIVED RECEIVED NYSCEF: NYSCEF: 04/23/2019 10/02/2019 obligated to either indemnify the Defendant/Third-Party Plaintiff for the full amount of such judgment or to contribute to the payment of such judgment in a proportion to be determined upon the trial of this action. WHEREFORE Defendant/Third-Party Plaintiff, IPA SYSTEMS, INC., demands that KAISER GYPSUM COMPANY, INC., be added to this case and demands judgment against all defendants and third-party defendants heretofore and/or hereinafter named for all sums as may be found due against it in favor of the plaintiff, along with all reasonable costs and attorney's fees incurred herein. McGIVNEY, KLUGER & COOK, P.C. Attorneys for Third-Party Plaintiff IPA SYSTEMS, INC. By: __ Nicholas P. Iannuzzi, Esq. 23rd 80 Broad Street, FlOOr New York, New York 10004 (212) 509-3456 Dated: New York, New York April 17, 2019 {N0826549-2} 5 8 of 8