On June 09, 2021 a Exhibit,Appendix 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 04:47 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 02/22/2022 SUPREME COURT OF THE STATE OF NEW YORK In Re Seventh Judicial District Asbestos Litigation This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT A. KARNISKY and PAULA KARNISKY, his spouse, Plaintiffs, NO OPPOSITION V. SUMMARY JUDGMENT MOTION AND ORDER AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., et Index No.: E2021005118 al., Defendants. WHEREFORE, Defendant, Weir Valves & Controls USA, Inc., d/b/a Atwood & Morrill Co, Inc., erroneously named in the Complaint as Atwood & Morrill Co., Inc. d/b/a Weir Valves & Controls USA Inc., (hereinafter "Atwood") hereby requests Summary Judgment in the above-titled action, pursuant to Civil Practice Law and Rules Section 3212, dismissing Plaintiffs' Complaint against Atwood, with prejudice, and there being no opposition thereto, it is hereby ORDERED, that upon notice to all co-defendants, all claims and cross-claims against Defendant, Atwood, are hereby dismissed with prejudice and without costs. The basis for dismissal is: [3 No Product ID [_] Lack of Personal Jurisdiction [_| Workers Compensation Bar [I Wrong Entity Sued II No Successor Liability II Lack of Service As A Matter of Law [_] Other FILED: MONROE COUNTY CLERK 02/22/2022 04:47 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 02/22/2022 Dated: February,22,,2022 ,' Dated: Meagan E. Dean, Esq. ....'-""^ . ' ...^ . / By:(...^^^^(l- John ^ Comerford, Esq. / / Meagan By: E. Dean, Esq. LIPSITZ, PONTERIO & MCGIVNEY KLUGER CLARK & INTOCCIA, P.C. COMERFORD, LLC Attorneys for Defendant Attorneys for Plaintiff Atv^ood & M.orrill Co., Inc. 424 Main Street, Suite 1500 100 Madison Street, Suite 1640 Buffalo, NY 14202 Syracuse, New York 13202 Tel: (716) 849-0701 Tel. (315) 473-9648 SO ORDERED: Dated: HON. ERIN P. GALL, J.S.C. -2-