On June 09, 2021 a
Answer
was filed
involving a dispute between
Paula A. Karnisky His Spouse,
Paula A. Karnisky
His Spouse,
Robert A. Karnisky,
and
Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc.,
Air & Liquid Systems Corporation
As Successor By Merger To Buffalo Pumps, Inc.,
Alray Construction Corp. F K A Hebert Construction Corp.,
Alray Construction Corp.
F K A Hebert Construction Corp.,
Armstrong International, Inc.,
Armstrong Pumps Inc.,
Aurora Pump Company,
Cleaver-Brooks, Inc. F K A Aqua-Chem, Inc.,
Cleaver-Brooks, Inc.
F K A Aqua-Chem, Inc.,
Clyde Union Inc. F K A Union Pump Company,
Clyde Union Inc.
F K A Union Pump Company,
Crane Co.,
Elmer W. Davis Inc.,
Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
Flowserve Corporation
F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
Flowserve Us, Inc. Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company,
Flowserve Us, Inc.
Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company,
Fmc Corporation Individually And As Successor To Northern Pump Company And Coffin,
Fmc Corporation
Individually And As Successor To Northern Pump Company And Coffin,
Foster Wheeler Llc,
Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc.,
Frontier Insulation Contractors, Inc.
F K A Frontier Insulation And Asbestos, Inc.,
Gardner Denver, Inc.,
General Electric Company,
Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation,
Goulds Pumps, Incorporated
F K A Goulds Pumps Merger Corporation,
Grinnell Llc,
Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Honeywell International Inc.
F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval,
Imo Industries Inc.
Individually And As Successor In Interest To Imo Delaval,
Industrial Insulation Sales, Inc.,
Insulation Distributors, Inc.,
Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow,
Itt Corporation
F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow,
Mader Capital, Inc.,
Mader Plastering Corp.,
Met-Pro Technologies Llc A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division,
Met-Pro Technologies Llc
A Ceco Environmental Company Successor By Merger To Met-Pro Corporation On Behalf Of Its Dean Pump Division,
Neles-Jamesbury, Inc,
Pfaudler, Inc.,
R.E. Hebert And Company, Inc.,
Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Riley Power Inc.
F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Rochester Acoustical Corp.,
Rochester Industrial Insulation, Inc.,
Spirax Sarco, Inc. Individually And As Successor To Sarco Company, Inc.,
Spirax Sarco, Inc.
Individually And As Successor To Sarco Company, Inc.,
Spx Cooling Technologies, Inc. F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company,
Spx Cooling Technologies, Inc.
F K A Marley Cooling Technologies, Inc. F K A The Marley Cooling Tower Company,
The Mader Corporation,
The Marley-Wylain Company F K A Weil-Mclain,
The Marley-Wylain Company
F K A Weil-Mclain,
The William Powell Company,
Union Carbide Corporation,
Velan Valve Corp.,
Viacomcbs, Inc.,
Warren Pumps Llc,
Watts Water Technologies, Inc
F K A Watts Industries, Inc, Individually And As Successor To Mueller Steam Specialty Company,
Weir Valves & Controls Usa, Inc. D B A Atwood & Morrill Co., Inc.,
Weir Valves & Controls Usa, Inc.
D B A Atwood & Morrill Co., Inc.,
William Summerhays' Sons Corporation,
Zurn Industries, Llc Individually And As Successor In Interest To Erie City Iron Workers Corporation,
Zurn Industries, Llc
Individually And As Successor In Interest To Erie City Iron Workers Corporation,
for Torts - Asbestos
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM INDEX NO. E2021005118
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 2955337
Book Page CIVIL
Return To: No. Pages: 48
THUY T. BUI
1177 Avenue of the Americas Instrument: MISCELLANEOUS DOCUMENT
41st Floor
New York, NY 10036 Control #: 202201101682
Index #: E2021005118
Date: 01/10/2022
Karnisky, Robert A. Time: 5:39:10 PM
Karnisky, Paula A.
Air & Liquid Systems Corporation
Alray Construction Corp.
Armstrong International, Inc.
Armstrong Pumps Inc.
Aurora Pump Company
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 48
202201101682 Index #
INDEX : E2021005118
NO. E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT
In re Seventh Judicial District SEVENTH JUDICIAL DISTRICT
Asbestos Litigation ASBESTOS LITIGATION
This Document Applies to:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
ROBERT A. KARNISKY and PAULA A.
Index No. E2021005118
KARNISKY, his spouse,
Plaintiffs,
v. DEFENDANT NELES-
JAMESBURY, INC. ANSWER TO
AIR & LIQUID SYSTEMS CORPORATION as PLAINTIFFS’ AMENDED
successor by merger to BUFFALO PUMPS, INC., et al. COMPLAINT
Defendants.
Defendant Neles-Jamesbury, Inc. (“Neles-Jamesbury” or “Defendant”), by its attorneys,
Faegre Drinker Biddle & Reath LLP, hereby answers the Amended Complaint of Plaintiffs Robert
A. Karnisky and Paula A. Karnisky, his spouse (“Plaintiffs”), as follows:
1. That at all times hereinafter mentioned, the plaintiffs, ROBERT A KARNISKY
and PAULA A KARNISKY, were and still are citizens of the State of New York and residents of
the County of Wayne.
ANSWER: Neles-Jamesbury lacks knowledge or information sufficient to form a belief as to
the truth of the allegations of paragraph 1 of Plaintiffs’ Amended Complaint, and therefore denies
them.
ARTICLE 16 ALLEGATIONS
2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert
that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but
not limited to, the exception for cases where a person is held liable for causing the claimant’s
injury by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the
exception for cases involving any person held liable for causing claimant's injury by having
2 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
unlawfully released into the environment a substance hazardous to public health, safety or the
environment (CPLR 1602(9)); the exception for any parties found to have acted knowingly or
intentionally and in concert to cause the acts or failures upon which liability is based (CPLR
1602(11)); the exception based upon defendants’ non-delegable duty to warn of the health hazards
of asbestos (CPLR 1602(2)(iv)); the exception pertaining to claims against a defendant where the
claimant has sustained a “grave injury” as defined in Section eleven of the Workers’ Compensation
Law to the extent of the equitable share of any person against whom the claimant is barred from
asserting a cause of action because of the applicability of the Workers’ Compensation Law (CPLR
1602(4)); and the exception for persons held liable in a product liability action where the
manufacturer of the product is not a party to the action and jurisdiction over the manufacturer
could not with due diligence be obtained (CPLR 1602(10)).
ANSWER: Neles-Jamesbury denies the allegations of paragraph 2 of Plaintiffs’ Amended
Complaint.
DEFENDANT ALLEGATIONS
3. That upon information and belief, at all times hereinafter mentioned, the defendant,
AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS,
INC., is a foreign business corporation authorized to do business in the State of New York, with
its principal place of business outside the State of New York. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 3 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 3 of
Plaintiffs’ Amended Complaint.
4. That upon information and belief, at all times hereinafter mentioned, the defendant,
ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP., was a domestic
corporation duly organized and existing under and by virtue of the laws of the State of New York.
At all times relevant, it has engaged in the sale and distribution of materials and products
containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 4 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
2
3 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 4 of
Plaintiffs’ Amended Complaint.
5. That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG INTERNATIONAL, INC., was and still is a foreign business corporation
transacting business in the State of New York, with its principal place of business outside the State
of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 5 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 5 of
Plaintiffs’ Amended Complaint.
6. That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG PUMPS INC., was and still is a domestic business corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 6 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 6 of
Plaintiffs’ Amended Complaint.
7. That upon information and belief, at all times hereinafter mentioned, the defendant,
AURORA PUMP COMPANY, was and still is a foreign business corporation transacting business
in the State of New York, with its principal place of business outside the State of New York. At
all times relevant, it has engaged in the manufacture, sale and distribution of materials, products
and/or equipment containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 7 of Plaintiffs’ Amended Complaint, as they are not
3
4 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 7 of
Plaintiffs’ Amended Complaint.
8. That upon information and belief, at all times hereinafter mentioned, the defendant,
CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., is a foreign business corporation
authorized to transact business in the State of New York, with its principal place of business
outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM,
INC., transacted business on a regular systematic basis throughout New York State. That upon
information and belief, at all times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a
AQUA-CHEM, INC., mined, manufactured, produced, sold and/or supplied asbestos and asbestos-
containing products in its boilers, either directly or indirectly, to sites throughout New York State.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 8 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 8 of
Plaintiffs’ Amended Complaint.
9. That upon information and belief, at all times hereinafter mentioned, the defendant,
CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business
corporation unauthorized to transact business in the State of New York, with its principal place of
business outside the State of New York. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 9 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 9 of
Plaintiffs’ Amended Complaint.
10. That upon information and belief, at all times hereinafter mentioned, the defendant,
CRANE CO. was and still is a foreign business corporation authorized to transact business in the
State of New York, with its principal place of business outside the State of New York. At all times
relevant, ithas engaged in the manufacture, sale and distribution of materials, products, and/or
equipment containing the substance asbestos.
4
5 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 10 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 10
of Plaintiffs’ Amended Complaint.
11. That upon information and belief, at all times hereinafter mentioned, the defendant,
ELMER W. DAVIS INC., was and still is a domestic corporation duly organized and existing
under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in
the sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 11 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 11
of Plaintiffs’ Amended Complaint.
12. That upon information and belief, at all times hereinafter mentioned, the defendant,
FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by
merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly
organized and existing under and by virtue of the laws of the State of New York. At all times
relevant, it has engaged in the sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 12 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 12
of Plaintiffs’ Amended Complaint.
13. That upon information and belief, at all times hereinafter mentioned, the defendant,
FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY,
EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign
5
6 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
business corporation authorized to and transacting business in the State of New York, with its
principal place of business outside the State of New York. At all times relevant, it has engaged in
the manufacture, sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 13 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 13
of Plaintiffs’ Amended Complaint.
14. That upon information and belief, at all times hereinafter mentioned, the defendant,
FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY and
COFFIN, is a foreign business corporation authorized to do business in the State of New York,
with its principal place of business outside the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 14 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 14
of Plaintiffs’ Amended Complaint.
15. That upon information and belief, at all times hereinafter mentioned, the defendant,
FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and
distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 15 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 15
of Plaintiffs’ Amended Complaint.
6
7 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
16. That upon information and belief, at all times hereinafter mentioned, the defendant,
FRONTIER INSULATION CONTRACTORS, INC. f/k/a FRONTIER INSULATION AND
ASBESTOS, INC., was and still is a domestic corporation duly organized and existing under and
by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and
distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 16 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 16
of Plaintiffs’ Amended Complaint.
17. That upon information and belief, at all times hereinafter mentioned, the defendant,
GARDNER DENVER, INC., is a foreign business corporation authorized to transact business in
the State of New York with its principal place of business outside the State of New York. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 17 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 17
of Plaintiffs’ Amended Complaint.
18. That upon information and belief, at all times hereinafter mentioned, the defendant,
GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 18 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
7
8 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 18
of Plaintiffs’ Amended Complaint.
19. That upon information and belief, at all times hereinafter mentioned, the defendant,
GOULDS PUMPS INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION, was
and still is a foreign business corporation authorized to and transacting business in the State of
New York, with its principal place of business outside the State of New York. At all times relevant,
it has engaged in the manufacture, sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 19 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 19
of Plaintiffs’ Amended Complaint.
20. That upon information and belief, at all times hereinafter mentioned, the defendant,
GRINNELL LLC, was and still is a foreign business corporation transacting business in the State
of New York, with its principal place of business outside the State of New York. At all times
relevant, ithas engaged in the manufacture, sale and distribution of materials, products and/or
equipment containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 20 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 20
of Plaintiffs’ Amended Complaint.
21. That upon information and belief, at all times hereinafter mentioned, the defendant,
HONEYWELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in
interest to THE BENDIX CORPORATION, is a foreign business corporation authorized to
transact business in the State of New York, with its principal place of business outside the State of
New York. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and products containing the substance asbestos.
8
9 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 21 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 21
of Plaintiffs’ Amended Complaint.
22. That upon information and belief, at all times hereinafter mentioned, the defendant,
IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and
still is a foreign corporation authorized to do business within the State of New York with its
principal place of business outside the State of New York. At all times relevant, it has engaged in
the manufacture, sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 22 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 22
of Plaintiffs’ Amended Complaint.
23. That upon information and belief, at all times hereinafter mentioned, the defendant,
INDUSTRIAL INSULATION SALES, INC., was and still is a domestic corporation duly
organized and existing under and by virtue of the laws of the State of New York. At all times
relevant, it has engaged in the sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 23 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 23
of Plaintiffs’ Amended Complaint.
24. That upon information and belief, at all times hereinafter mentioned, the defendant,
INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing
under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in
the sale and distribution of materials and products containing the substance asbestos.
9
10 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 24 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 24
of Plaintiffs’ Amended Complaint.
25. That upon information and belief, at all times hereinafter mentioned, the defendant,
ITT CORPORATION f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID
PRODUCTS CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT
MARLOW, was and still is a foreign corporation authorized to do business within the State of
New York with its principal place of business outside the State of New York. At all times relevant
it has engaged in the manufacture, sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 25 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 25
of Plaintiffs’ Amended Complaint.
26. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER CAPITAL, INC., was and still is a successor in interest to THE MADER
CORPORATION and ROCHESTER ACOUSTICAL CORP., and is a domestic corporation duly
organized and existing under any by virtue of the laws of the State of New York. At all times
relevant, it has engaged in the sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 26 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 26
of Plaintiffs’ Amended Complaint.
10
11 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
27. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER PLASTERING CORP., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 27 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 27
of Plaintiffs’ Amended Complaint.
28. Upon information and belief, at all times hereinafter mentioned, the defendant,
MET-PRO TECHNOLOGIES LLC a CECO Environmental Company successor by merger to
MET-PRO CORPORATION on behalf of its DEAN PUMP DIVISION, was and still is a foreign
business corporation authorized to do business within the State of New York with itsprincipal
place of business outside the State of New York. At all times relevant, ithas engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 28 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 28
of Plaintiffs’ Amended Complaint.
29. That upon information and belief, at all times hereinafter mentioned, the defendant,
PFAUDLER, INC., was and still is a foreign corporation authorized to transact business in the
State of New York. At all times hereinafter mentioned, it has engaged in the manufacture, sale and
distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 29 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 29
of Plaintiffs’ Amended Complaint.
11
12 of 48
202201101682 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022
30. That upon information and belief, at all times hereinafter mentioned, the defendant,
R.E. HEBERT AND COMPANY, INC., was and still is a domestic corporation duly organized
and existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 30 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 30
of Plaintiffs’ Amended Complaint.
31. That upon information and belief, at all times hereinafter mentioned, the defendant,
RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a
RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and
transacting business in the State of New York. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 31 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are
directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 31
of Plaintiffs’ Amended Complaint.
32. That upon information and belief, at all times hereinafter mentioned, the defendant,
ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale, distribution and application of materials and products containing the substance
asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 32 of Plaintiffs’ Amended Complaint, as they are not
directed to Neles-Jamesbury and relate to other defendants.
Preview
FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2955337 Book Page CIVIL Return To: No. Pages: 48 THUY T. BUI 1177 Avenue of the Americas Instrument: MISCELLANEOUS DOCUMENT 41st Floor New York, NY 10036 Control #: 202201101682 Index #: E2021005118 Date: 01/10/2022 Karnisky, Robert A. Time: 5:39:10 PM Karnisky, Paula A. Air & Liquid Systems Corporation Alray Construction Corp. Armstrong International, Inc. Armstrong Pumps Inc. Aurora Pump Company Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 48 202201101682 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In re Seventh Judicial District SEVENTH JUDICIAL DISTRICT Asbestos Litigation ASBESTOS LITIGATION This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT A. KARNISKY and PAULA A. Index No. E2021005118 KARNISKY, his spouse, Plaintiffs, v. DEFENDANT NELES- JAMESBURY, INC. ANSWER TO AIR & LIQUID SYSTEMS CORPORATION as PLAINTIFFS’ AMENDED successor by merger to BUFFALO PUMPS, INC., et al. COMPLAINT Defendants. Defendant Neles-Jamesbury, Inc. (“Neles-Jamesbury” or “Defendant”), by its attorneys, Faegre Drinker Biddle & Reath LLP, hereby answers the Amended Complaint of Plaintiffs Robert A. Karnisky and Paula A. Karnisky, his spouse (“Plaintiffs”), as follows: 1. That at all times hereinafter mentioned, the plaintiffs, ROBERT A KARNISKY and PAULA A KARNISKY, were and still are citizens of the State of New York and residents of the County of Wayne. ANSWER: Neles-Jamesbury lacks knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 1 of Plaintiffs’ Amended Complaint, and therefore denies them. ARTICLE 16 ALLEGATIONS 2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but not limited to, the exception for cases where a person is held liable for causing the claimant’s injury by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases involving any person held liable for causing claimant's injury by having 2 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 unlawfully released into the environment a substance hazardous to public health, safety or the environment (CPLR 1602(9)); the exception for any parties found to have acted knowingly or intentionally and in concert to cause the acts or failures upon which liability is based (CPLR 1602(11)); the exception based upon defendants’ non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); the exception pertaining to claims against a defendant where the claimant has sustained a “grave injury” as defined in Section eleven of the Workers’ Compensation Law to the extent of the equitable share of any person against whom the claimant is barred from asserting a cause of action because of the applicability of the Workers’ Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a product liability action where the manufacturer of the product is not a party to the action and jurisdiction over the manufacturer could not with due diligence be obtained (CPLR 1602(10)). ANSWER: Neles-Jamesbury denies the allegations of paragraph 2 of Plaintiffs’ Amended Complaint. DEFENDANT ALLEGATIONS 3. That upon information and belief, at all times hereinafter mentioned, the defendant, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., is a foreign business corporation authorized to do business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 3 of Plaintiffs’ Amended Complaint. 4. That upon information and belief, at all times hereinafter mentioned, the defendant, ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 4 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are 2 3 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 4 of Plaintiffs’ Amended Complaint. 5. That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG INTERNATIONAL, INC., was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 5 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 5 of Plaintiffs’ Amended Complaint. 6. That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG PUMPS INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 6 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 6 of Plaintiffs’ Amended Complaint. 7. That upon information and belief, at all times hereinafter mentioned, the defendant, AURORA PUMP COMPANY, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 7 of Plaintiffs’ Amended Complaint, as they are not 3 4 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 7 of Plaintiffs’ Amended Complaint. 8. That upon information and belief, at all times hereinafter mentioned, the defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., transacted business on a regular systematic basis throughout New York State. That upon information and belief, at all times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., mined, manufactured, produced, sold and/or supplied asbestos and asbestos- containing products in its boilers, either directly or indirectly, to sites throughout New York State. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 8 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 8 of Plaintiffs’ Amended Complaint. 9. That upon information and belief, at all times hereinafter mentioned, the defendant, CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business corporation unauthorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 9 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 9 of Plaintiffs’ Amended Complaint. 10. That upon information and belief, at all times hereinafter mentioned, the defendant, CRANE CO. was and still is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials, products, and/or equipment containing the substance asbestos. 4 5 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 10 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 10 of Plaintiffs’ Amended Complaint. 11. That upon information and belief, at all times hereinafter mentioned, the defendant, ELMER W. DAVIS INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 11 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 11 of Plaintiffs’ Amended Complaint. 12. That upon information and belief, at all times hereinafter mentioned, the defendant, FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 12 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 12 of Plaintiffs’ Amended Complaint. 13. That upon information and belief, at all times hereinafter mentioned, the defendant, FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY, EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign 5 6 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 13 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 13 of Plaintiffs’ Amended Complaint. 14. That upon information and belief, at all times hereinafter mentioned, the defendant, FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY and COFFIN, is a foreign business corporation authorized to do business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 14 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 14 of Plaintiffs’ Amended Complaint. 15. That upon information and belief, at all times hereinafter mentioned, the defendant, FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 15 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 15 of Plaintiffs’ Amended Complaint. 6 7 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 16. That upon information and belief, at all times hereinafter mentioned, the defendant, FRONTIER INSULATION CONTRACTORS, INC. f/k/a FRONTIER INSULATION AND ASBESTOS, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 16 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 16 of Plaintiffs’ Amended Complaint. 17. That upon information and belief, at all times hereinafter mentioned, the defendant, GARDNER DENVER, INC., is a foreign business corporation authorized to transact business in the State of New York with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 17 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 17 of Plaintiffs’ Amended Complaint. 18. That upon information and belief, at all times hereinafter mentioned, the defendant, GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 18 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are 7 8 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 18 of Plaintiffs’ Amended Complaint. 19. That upon information and belief, at all times hereinafter mentioned, the defendant, GOULDS PUMPS INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION, was and still is a foreign business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 19 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 19 of Plaintiffs’ Amended Complaint. 20. That upon information and belief, at all times hereinafter mentioned, the defendant, GRINNELL LLC, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 20 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 20 of Plaintiffs’ Amended Complaint. 21. That upon information and belief, at all times hereinafter mentioned, the defendant, HONEYWELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION, is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 8 9 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 21 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 21 of Plaintiffs’ Amended Complaint. 22. That upon information and belief, at all times hereinafter mentioned, the defendant, IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 22 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 22 of Plaintiffs’ Amended Complaint. 23. That upon information and belief, at all times hereinafter mentioned, the defendant, INDUSTRIAL INSULATION SALES, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 23 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 23 of Plaintiffs’ Amended Complaint. 24. That upon information and belief, at all times hereinafter mentioned, the defendant, INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 9 10 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 24 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 24 of Plaintiffs’ Amended Complaint. 25. That upon information and belief, at all times hereinafter mentioned, the defendant, ITT CORPORATION f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT MARLOW, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York. At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 25 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 25 of Plaintiffs’ Amended Complaint. 26. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER CAPITAL, INC., was and still is a successor in interest to THE MADER CORPORATION and ROCHESTER ACOUSTICAL CORP., and is a domestic corporation duly organized and existing under any by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 26 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 26 of Plaintiffs’ Amended Complaint. 10 11 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 27. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER PLASTERING CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 27 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 27 of Plaintiffs’ Amended Complaint. 28. Upon information and belief, at all times hereinafter mentioned, the defendant, MET-PRO TECHNOLOGIES LLC a CECO Environmental Company successor by merger to MET-PRO CORPORATION on behalf of its DEAN PUMP DIVISION, was and still is a foreign business corporation authorized to do business within the State of New York with itsprincipal place of business outside the State of New York. At all times relevant, ithas engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 28 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 28 of Plaintiffs’ Amended Complaint. 29. That upon information and belief, at all times hereinafter mentioned, the defendant, PFAUDLER, INC., was and still is a foreign corporation authorized to transact business in the State of New York. At all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 29 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 29 of Plaintiffs’ Amended Complaint. 11 12 of 48 202201101682 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 01/10/2022 05:17 PM NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 01/10/2022 30. That upon information and belief, at all times hereinafter mentioned, the defendant, R.E. HEBERT AND COMPANY, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 30 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 30 of Plaintiffs’ Amended Complaint. 31. That upon information and belief, at all times hereinafter mentioned, the defendant, RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and transacting business in the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 31 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 31 of Plaintiffs’ Amended Complaint. 32. That upon information and belief, at all times hereinafter mentioned, the defendant, ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale, distribution and application of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 32 of Plaintiffs’ Amended Complaint, as they are not directed to Neles-Jamesbury and relate to other defendants.