On August 10, 2018 a Exhibit,Appendix 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.
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FILED: NEW YORK COUNTY CLERK 06/27/2022 08:50 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 534 RECEIVED NYSCEF: 06/27/2022 In The Matter Of: Thomas McGlynnn v. Jenkins Brothers August 16, 2017 Jacqueline Glass Original File Thomas McGlynn versus AERCO.txt Min-U-Script® with Word Index FILED: NEW YORK COUNTY CLERK 06/27/2022 08:50 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 534 RECEIVED NYSCEF: 06/27/2022 1408 1 2 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF NEW YORK: CIVIL TERM: PART 1 3 ----------------------------------------------X THOMAS MCGLYNN, 4 PLAINTIFF, Index No: 5 -against- 190219/2016 6 AERCO INTERNATIONAL, INC., et al., 7 DEFENDANTS. ----------------------------------------------X 8 60 Centre Street New York, New York 10007 9 August 16, 2017 10 B E F O R E: THE HONORABLE MARTIN SHULMAN 11 J U S T I C E A P P E A R A N C E S: 12 SIMMONS HANLY CONROY 13 Attorneys for the Plaintiff 112 Madison Avenue 14 New York, NY 10016 BY: Daniel Blouin, Esq. 15 James Kramer, Esq. 16 CLYDE & CO US LLP Attorneys for Defendant Jenkins Bros. 17 405 Lexington Avenue New York, NY 10174 18 BY: Jeffrey Fegan, Esq. Doug Horelick, Esq. 19 Peter Dinunzio, Esq. 20 21 22 23 24 JACQUELINE CAMPBELL, RPR VANESSA MILLER 25 Senior Court Reporters 26 FILED: NEW YORK COUNTY CLERK 06/27/2022 08:50 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 534 RECEIVED NYSCEF: 06/27/2022 1432 1 Proceedings 2 THE COURT: I just want to make a 3 complete record. If I can recall the record or 4 the information on the record to the extent they 5 are able to identify a product to which Mr. 6 McGlynn was exposed to with competent evidence, 7 they attempt to be able to establish their failure 8 to warn, that is on this record. They have done 9 that. To the extent that they have advanced 10 specific causation, I find on this record they 11 have not. To the extent as part of their 12 negligence in failing to warn failed to elicit any 13 testimony as to any of the formative defendants 14 and or other tortfeasors knew or should have known 15 about the dangers of asbestos in order to be 16 negligent, I don't recall any testimony or 17 evidence submitted that they met that element, 18 that you were required to support negligence 19 against Jenkins Brothers because I don't believe 20 Doctor Markowitz spoke to anyone else other than 21 Jenkins Brothers and his focus was really in 22 determining what was known to particular point in 23 time, but Doctor Markowitz did not opine as to 24 what any other entity knew or should have known in 25 an effort to trigger that element of a prima facie 26 case on Article 16. Am I correct on that? FILED: NEW YORK COUNTY CLERK 06/27/2022 08:50 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 534 RECEIVED NYSCEF: 06/27/2022 1433 1 Proceedings 2 MR. BLOUIN: Yes, your Honor. 3 MR. KRAMER: Yes, your Honor. 4 THE COURT: That's another building 5 block that was not added to the structure here for 6 Article 16 purposes. I do not believe on this 7 record whatever Doctor Moline said helps them 8 although if she had said something to help their 9 specific causation that may have been a 10 possibility, but I can't reconcile that with the 11 fact that Doctor Fiels had made his categorical 12 announcement in the affirmative to allow this kind 13 of alternative theory. 14 So accordingly my ruling stands. The record 15 is preserved. Your exception is noted. Now, 16 we're very quickly to determine what that list 17 will entail that I can revise the verdict sheet 18 accordingly. 19 MR. BLOUIN: I think as a jumping off 20 point because Buffulo Pumps is not verified and 21 based upon information and belief Warren Pumps is 22 verified, but based on information and belief. 23 Crane verified, but based on information and 24 belief. Aurora not sworn by a corporate rep 25 whatsoever. Flowserve not sworn by anyone lawyer 26 or corporate rep. Weir Valves not sworn by