On August 10, 2018 a
Party Discovery
was filed
involving a dispute between
Sinar Seen
Individually And As Administrator Of The Estate Of Munir Seen, Deceased,
and
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,
Industrial Holdings Corporation F K A The Carborundum Company,
Ingersoll-Rand Company,
Ipa Systems, Inc.,
John Crane Inc.,
John Doe 1 Through John Doe 75,
Kaiser Gypsum Company, 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,
Tishman Construction Company,
Turner Construction Company,
Union Carbide Corporation,
U.S. Plywood A K A International Paper Company,
Weyerhaeuser Company,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019
MCGIVNEY, KLUGER & COOK, P.C.
A COMMITMENT TO EXCELLENCE
23"°
80 BROAD STREET, FLOOR
NEW YORK, NEW YORK 10004
509-3456 - TELEPHONE
(212)
509-4420 - FACSIMILE
(212)
www.mkclaw.us.com
October 17, 2019
Via Regular Mail & Electronic Filing
Sarah Schaeffer-Roth, Esq.
Lewis Brisbois Bisgaard & Smith
77 Water Street Suite 2100
New York, NY 10005
Re: Munir Seen v. 84 Lumber Company, et at
Index No.: 190225/2018
Dear Counsel:
We represent defendant, IPA Systems, Inc. (IPA Systems) in the above-referenced
matter.
Based on the decision of the Special Master, Shelley Olsen, dated July 31, 2019, and
pursuant to Article 31 of the Civil Practice Law and Rules, please find enclosed herewith a Third
Amended Notice of Deposition for the deposition of the designated corporate representative of
third-party defendant Kaiser Gypsum Company, Inc. (Kaiser). Pursuant to Justice Mendez's
decision in the John DeRozieres matter, the deposition will be limited to questions tied to the
specific facts of this case regarding: the products Kaiser manufactured or sold; the asbestos
content of these products; whether or not warnings were placed on the products and wording of
same; and the trade associations the entity was a member of and its activities with those
associations.
This deposition is rescheduled for November 19, 2019, or a date convenient to the
defendant and agreed upon by both parties.
BUFFALO, NY FLORHAMPARK, NJ FT LAUDERDALE,FL HARTFORD,CT LOS ANGELES,CA
(716) 626-3583 (973) 822-1110 (954) 848-3681 (860) 404-3000 (213) 995-2001
NEw YORK, NY PHILADELPHIA, PA SAINT LOuts, Mo SPARTA,NJ SYRACUSE,NY WILMINGTON, DE
(212) 509-3456 (215) 557-1990 (314) 571-4332 (973) 726-4958 (315) 473-9648 (302) 656-1200
{N0918624-1}
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FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019
Thank you for your attention to this matter. Please do no hesitate to contact us should
have any questions or concerns.
Very truly yours,
McGIVNEY, KLUGER & COOK, P.C.
Nicholas P Iannuzzi, Esq.
cc: (via electronic filing)
All Remaining Parties to this Action
{N0918624-1} 2
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FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK COUNTY
ASBESTOS LITIGATION |
MUNIR SEEN, |
.
I
Plaintiff,
-against- Index No.: 190225/2018
84 LUMBER COMPANY, et al., THIRD AMENDED NOTICE
OF DEPOSITION UPON ORAL
Defendants. EXAMINATION
IPA SYSTEMS, INC.,
Third-Party Plaintiff,
-against-
KAISER GYPSUM COMPANY, INC.,
t
t
Third-Party Defendant.
To: Sarah Schaeffer-Roth, Esq.
Lewis Brisbois Bisgaard & Smith
77 Water Street Suite 2100
New York, NY 100005
PLEASE TAKE NOTICE that Defeñdañt, IPA Systems, Inc. ("IPA Systems") by its
attorneys, McGivney, Kluger & Cook, P.C., pursuant to Article 31 of the Civil Practice Law and
Rules, will conduct an oral examination of defendant KAISER GYPSUM COMPANY, INC.'s
designated corporate representative, before a Notary Public who is not an attorney, or an
employee of an attorney, for any party or prospective party herein and is not a person who would
be disqualified to act as a juror because of interest or because of consanguinity or affinity to any
party herein, at the law offices of McGivney, Kluger & Cook, P.C., 80 Broad Street, 23rd
Floor, New York, NY 10004, on November 19, 2019.
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FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019
PLEASE TAKE FURTHER NOTICE that the circumstances or reasons such notice is
required are that said witness, upon information and belief, possesses knowledge of the facts and
circumstances that are material and necessary to the defense of this action.
Dated: New York, New York
October 17, 2019
McGIVNEY, KLUGER & COOK P.C.
Attorneys for Third-Party Plaintiff
IPA SYSTEMS, INC.
.
NICHOLAS P IANNUZZI, E .
23d
80 Broad Street, Floor
New York, New York 10004
(212) 509-3456
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FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018
NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK)
ROSEMARY DOUGLAS being duly sworn, deposes and says that deponent is not a
party to the action, is over 18 years of age, and residing in the State of New York, that on this
17th day of October, 2019 deponent caused to be served the within NOTICE OF
DEPOSITION UPON ORAL EXAMINATION upon the following:
Sarah Schaeffer-Roth, Esq.
Lewis Brisbois Bisgaard & Smith
77 Water Street Suite 2100
New York, NY 10005
By electronic filing and regular mail by depositing same at the United States Post Office,
New York, New York.
And all remaining defendants by electronic filing (cover letter only)
ROSEMARY D GLAS
Sworn to before me on the
17th day of October, 2019
DENISE FARNUM
Notary Public,State of NewYork
No. 01FA4699589
Qualifiedin Kings County
Commission Expires 02/28/2023
{N0918612-l} 3
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Preview
FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019 MCGIVNEY, KLUGER & COOK, P.C. A COMMITMENT TO EXCELLENCE 23"° 80 BROAD STREET, FLOOR NEW YORK, NEW YORK 10004 509-3456 - TELEPHONE (212) 509-4420 - FACSIMILE (212) www.mkclaw.us.com October 17, 2019 Via Regular Mail & Electronic Filing Sarah Schaeffer-Roth, Esq. Lewis Brisbois Bisgaard & Smith 77 Water Street Suite 2100 New York, NY 10005 Re: Munir Seen v. 84 Lumber Company, et at Index No.: 190225/2018 Dear Counsel: We represent defendant, IPA Systems, Inc. (IPA Systems) in the above-referenced matter. Based on the decision of the Special Master, Shelley Olsen, dated July 31, 2019, and pursuant to Article 31 of the Civil Practice Law and Rules, please find enclosed herewith a Third Amended Notice of Deposition for the deposition of the designated corporate representative of third-party defendant Kaiser Gypsum Company, Inc. (Kaiser). Pursuant to Justice Mendez's decision in the John DeRozieres matter, the deposition will be limited to questions tied to the specific facts of this case regarding: the products Kaiser manufactured or sold; the asbestos content of these products; whether or not warnings were placed on the products and wording of same; and the trade associations the entity was a member of and its activities with those associations. This deposition is rescheduled for November 19, 2019, or a date convenient to the defendant and agreed upon by both parties. BUFFALO, NY FLORHAMPARK, NJ FT LAUDERDALE,FL HARTFORD,CT LOS ANGELES,CA (716) 626-3583 (973) 822-1110 (954) 848-3681 (860) 404-3000 (213) 995-2001 NEw YORK, NY PHILADELPHIA, PA SAINT LOuts, Mo SPARTA,NJ SYRACUSE,NY WILMINGTON, DE (212) 509-3456 (215) 557-1990 (314) 571-4332 (973) 726-4958 (315) 473-9648 (302) 656-1200 {N0918624-1} 1 of 5 FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019 Thank you for your attention to this matter. Please do no hesitate to contact us should have any questions or concerns. Very truly yours, McGIVNEY, KLUGER & COOK, P.C. Nicholas P Iannuzzi, Esq. cc: (via electronic filing) All Remaining Parties to this Action {N0918624-1} 2 2 of 5 FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK COUNTY ASBESTOS LITIGATION | MUNIR SEEN, | . I Plaintiff, -against- Index No.: 190225/2018 84 LUMBER COMPANY, et al., THIRD AMENDED NOTICE OF DEPOSITION UPON ORAL Defendants. EXAMINATION IPA SYSTEMS, INC., Third-Party Plaintiff, -against- KAISER GYPSUM COMPANY, INC., t t Third-Party Defendant. To: Sarah Schaeffer-Roth, Esq. Lewis Brisbois Bisgaard & Smith 77 Water Street Suite 2100 New York, NY 100005 PLEASE TAKE NOTICE that Defeñdañt, IPA Systems, Inc. ("IPA Systems") by its attorneys, McGivney, Kluger & Cook, P.C., pursuant to Article 31 of the Civil Practice Law and Rules, will conduct an oral examination of defendant KAISER GYPSUM COMPANY, INC.'s designated corporate representative, before a Notary Public who is not an attorney, or an employee of an attorney, for any party or prospective party herein and is not a person who would be disqualified to act as a juror because of interest or because of consanguinity or affinity to any party herein, at the law offices of McGivney, Kluger & Cook, P.C., 80 Broad Street, 23rd Floor, New York, NY 10004, on November 19, 2019. {N0918612-l} 3 of 5 FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019 PLEASE TAKE FURTHER NOTICE that the circumstances or reasons such notice is required are that said witness, upon information and belief, possesses knowledge of the facts and circumstances that are material and necessary to the defense of this action. Dated: New York, New York October 17, 2019 McGIVNEY, KLUGER & COOK P.C. Attorneys for Third-Party Plaintiff IPA SYSTEMS, INC. . NICHOLAS P IANNUZZI, E . 23d 80 Broad Street, Floor New York, New York 10004 (212) 509-3456 {N0918612-1} 2 4 of 5 FILED: NEW YORK COUNTY CLERK 10/17/2019 12:46 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 349 RECEIVED NYSCEF: 10/17/2019 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK) ROSEMARY DOUGLAS being duly sworn, deposes and says that deponent is not a party to the action, is over 18 years of age, and residing in the State of New York, that on this 17th day of October, 2019 deponent caused to be served the within NOTICE OF DEPOSITION UPON ORAL EXAMINATION upon the following: Sarah Schaeffer-Roth, Esq. Lewis Brisbois Bisgaard & Smith 77 Water Street Suite 2100 New York, NY 10005 By electronic filing and regular mail by depositing same at the United States Post Office, New York, New York. And all remaining defendants by electronic filing (cover letter only) ROSEMARY D GLAS Sworn to before me on the 17th day of October, 2019 DENISE FARNUM Notary Public,State of NewYork No. 01FA4699589 Qualifiedin Kings County Commission Expires 02/28/2023 {N0918612-l} 3 5 of 5