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 02/28/2022 11:37 AM INDEX NO. E2021005118 NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/28/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3000744 Book Page CIVIL Return To: No. Pages: 6 JASON ANTHONY BOTTICELLI Instrument: AFFIRMATION Control #: 202202280451 Index #: E2021005118 Date: 02/28/2022 Karnisky, Robert A. Time: 11:39:08 AM 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 6 202202280451 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 02/28/2022 11:37 AM NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/28/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT A. KARNISKY and PAULA A. KARNISKY, Affirmation in Support of His spouse, No Opposition Motion for Summary Judgment Plaintiff, vs. AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMP, INC., et al., Index No. E2021005118 Defendants. Jason A. Botticelli, Esq., being duly sworn, deposes and states as follows under the penalties of perjury pursuant to CPLR §2106: 1. I am an attorney duly admitted to practice law before this Court. 2. I am a partner with Goldberg Segalla LLP, counsel of record for defendants Frontier Insulation Contractors Inc. (hereinafter “Frontier”) and IIS Buffalo Inc., f/k/a Industrial Insulation Sales, Inc. (hereinafter “IIS Buffalo”), 3. This affirmation is submitted in support of Frontier and IIS Buffalo’s motion for summary judgment pursuant to CPLR §3212 seeking dismissal of plaintiffs’ complaint and all defendants’ cross-claims on the basis that there is no identification of Frontier and IIS Buffalo as a source of Plaintiff Robert Karnisky and Paula Karnisky’s asbestos exposure. 4. Plaintiffs commenced this action by service of a summons and complaint. Frontier and IIS Buffalo interposed an answer asserting various affirmative defenses and cross-claims. Copies of plaintiffs’ complaint and Frontier and IIS Buffalo’s answer will be provided to the Court should this motion be opposed. GOLDBERG SEGALLA LLP 665 Main Street, Ste. 400 Buffalo, New York 14203 32620041.v1 2 of 6 202202280451 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/28/2022 11:37 AM NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/28/2022 5. Plaintiffs failed to identify Frontier and IIS Buffalo as a source of Plaintiffs Robert Karnisky and Paula Karnisky’s asbestos exposure. Based upon the lack of product identification, Frontier and IIS Buffalo requested dismissal and obtained the attached no opposition summary judgment motion which was signed by plaintiffs’ counsel on or about February 25, 2022 (attached hereto as Exhibit A). 6. Based upon the foregoing, there is no factual or legal support for plaintiffs’ claim or any cross-claims against Frontier and IIS Buffalo, and Frontier and IIS Buffalo respectfully requests that the Court execute and grant the attached no opposition summary judgment order. WHEREFORE, it is respectfully requested that the Court execute and grant the no opposition summary judgment motion in favor of Frontier and IIS Buffalo and issue an Order dismissing all claims, including all cross claims asserted against Frontier and IIS Buffalo. Dated: Buffalo, New York February 28, 2022 GOLDBERG SEGALLA LLP By: ___________________________ Jason A. Botticelli, Esq. Attorneys for Defendant Frontier Insulation Contractors Inc. and IIS Buffalo Inc. 665 Main Street Buffalo, New York 14203 TO: Sean M. Esford, Esq. Lipsitz, Ponterio & Comerford, LLC Attorneys for Plaintiffs 424 Main Street, Suite 1500 Buffalo, New York 14202 cc: All Defense Counsel of Record 2 32620041.v1 3 of 6 202202280451 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/28/2022 11:37 AM NYSCEF DOC. NO. 104 RECEIVED NYSCEF: 02/28/2022 EXHIBIT A 4 of 6 202202280451 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/28/2022 11:37 AM [FILED: NYSCEF DOC. MONROE NO. 104 COUNTY CLERK 01/18/2022 05:11-PM| INDEX NO. RECEIVED E2021005H8 NYSCEF: 02/28/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 01/18/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT A. KARNISKY and PAULA A. KARNISKY, His spouse, NO OPPOSITION SUMMARY JUDGMENT Plaintiff, MOTION vs. Index No.: E2021005118 AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., Defendants. WHEREFORE, defendants, Frontier Insulation Contractors, Inc. and Industrial Insulation Sales, Inc., hereby request summary judgment in the above "entitle d case pursuant to Civil Practice Law and Rules §3212, dismissing plaintiffs' complaint against Frontier Insulation Contractors, Inc. and Industrial Insulation Sales, Inc., with prejudice, and there being no opposition thereto, ORDERED, that upon notice to all co-defend ants, all claims and cross-claims against defendants Frontier Insulation Contractors, Inc. and Industrial Insulation Sales, Inc., be and the same are hereby dismissed with prejudice and without costs. The basis for dismissal is: X No Product ID a Lack of Personal Jurisdictional a Workers Compensation Bar a Wrong Entity Sued a No Successor Liability D Lack of Service 30432949.vl 2 of 3 5 of 6 202202280451 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 02/28/2022 11:37 AM INDEX NO. E2021005118 [FILED: NYSCEF DOC.MONROE NO. 104 COUNTY CLERK 01/18/2022 05:11 PM] RECEIVED NYSCEF: 02/28/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 01/18/2022 D As A Matter of Law D Other DATED: February,2022 25 Buffalo, New York GOLDBERG SEGALLA LLP LIPSITZ, PONTERIO & COMERFORD, LLC ^•l, BY: BY: Jason A. Botticelli, Esq. Scan M. Esforc^sq. Attorney for Defendants Attorneys for Plaintiffs Frontier Insulation Contractors, Inc. 424 Main Street, Suite 1500 and Industrial Insulation Sales, Inc. Buffalo, New York 14202 665 Main Street Buffalo, New York 14203 SO ORDERED: Hon. Erin P. Gall, J.S.C. 30432949-vl 3 of 3 6 of 6