On June 09, 2021 a Motion,Ex Parte 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.
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FILED: MONROE COUNTY CLERK 02/22/2022 04:22 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 02/22/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 2996295 Book Page CIVIL Return To: No. Pages: 2 MEAGAN ELIZABETH DEAN AXA Tower 1 Instrument: NOTICE OF MOTION 100 Madison Street Syracuse, NY 13202 Control #: 202202230359 Index #: E2021005118 Date: 02/23/2022 Karnisky, Robert A. Time: 10:32:42 AM Karnisky, Paula A. Air & Liquid Systems Corporation Alray Construction Corp. Armstrong International, Inc. Armstrong Pumps Inc. Aurora Pump Company Motion Filing Fee $45.00 Total Fees Paid: $45.00 Employee: ARC 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 2 202202230359 02/23/2022 10:32:42 AM CIVIL 202202230359 INDEX NO. E2021005118 FILED: MONROE COUNTY CLERK 02/22/2022 04:22 PM NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 02/22/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT A. KARNISKY and PAULA KARNISKY, his spouse, NOTICE OF MOTION FOR Plaintiffs, ORDER OF DISMISSAL v. AIR & LIQUID SYSTEMS CORPORATION as Index No.: E2021005118 successor by merger to BUFFALO PUMPS, INC., et al., Defendants. MOTION MADE BY: McGivney Kluger Clark & Intoccia, P.C. Attorneys for Defendant Zurn Industries, LLC, erroneously named in the Complaint as Zurn Industries, LLC, individually and as successor in interest to Erie City Iron Workers Corporation RETURN DATE: April 19, 2022 RETURN PLACE: Supreme Court of The State of New York, County of Monroe, held at, Monroe County Courthouse, Utica, New York before Honorable Erin P. Gall, JSC RELIEF DEMANDED: Order of Dismissal of all claims and cross-claims; and for such other and further relief as the Court deems just and proper. SUPPORTING PAPERS: No Opposition Summary Judgment Motion and Order Pursuant to CPLR 2214(b), opposition to this motion including any answering affirmation must be served no later than two days prior to the return date of this motion. Dated: February 22, 2022 MCGIVNEY KLUGER CLARK & INTOCCIA, P.C. Syracuse, New York By: Meagan E. Dean, _____________________________ Esq. Meagan E. Dean, Esq. Zurn Industries, LLC 100 Madison Street, Suite 1640 Syracuse, New York 13202 Tel.: (315) 473-9648 To: John Comerford, Esq. LIPSITZ, PONTERIO & COMERFORD, LLC Attorneys for Plaintiff 424 Main Street, Suite 1500 Buffalo, NY 14202 Tel: (716) 849-0701 cc: All defense counsel of record (via: NYSCEF) 2 of 2