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 05/04/2022 04:21 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/04/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3068805 Book Page CIVIL Return To: No. Pages: 4 SUZANNE M. HALBARDIER 101 Greenwich Street, 14th Floor Instrument: AFFIRMATION New York, NY 10006 Control #: 202205041165 Index #: E2021005118 Date: 05/04/2022 Karnisky, Robert A. Time: 4:22:32 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 4 202205041165 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 05/04/2022 04:21 PM NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/04/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ------------------------------------------------------------------X ROBERT A. KARNISKY and PAULA A. KARNISKY, Index No.: E2021005118 His spouse, AFFIRMATION Plaintiff(s), - against - Hon. Erin Gall AIR & LIQUID SYSTEMS CORP., et al., Defendant(s). ------------------------------------------------------------------X Shawnette Fluitt, an attorney duly admitted to practice law in the State of New York, hereby affirms the following to be true, under penalties of perjury: 1. I am a partner of the law firm of Barry, McTiernan & Moore LLC, attorneys for Defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. I am fully familiar with the facts and circumstances of this case and make the instant affirmation in support of an Order of Dismissal on behalf of defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. 2. This action was commenced on or about June 9, 2021 by service of a Summons and Complaint. Issue was joined on July 20, 20210 by service of an Answer to Plaintiff’s Complaint by this office on behalf of defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling 2 of 4 202205041165 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/04/2022 04:21 PM NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/04/2022 Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. 3. Discovery in this case is now complete. Plaintiff has not identified any exposure to products allegedly manufactured, sold, or distributed by defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. 4. Plaintiff has signed a No Opposition Summary Judgment Motion as to SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. See Exhibit A. 5. Accordingly, defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company respectfully requests that the attached Order of Dismissal be issued by this Court and that the plaintiffs’ complaint, along with all cross-claims, as against defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING 3 of 4 202205041165 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/04/2022 04:21 PM NYSCEF DOC. NO. 129 RECEIVED NYSCEF: 05/04/2022 TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company. WHEREFORE, it is respectfully requested that the instant motion be granted, and that the Plaintiff’s Complaint, along with all cross-claims, as against Defendant SPX COOLING TECHNOLOGIES, INC., Individually and as Successor to Marley Cooling Technologies, Inc. and Marley Cooling Towers s/h/a SPX COOLING TECHNOLOGIES, INC. f/k/a Marley Cooling Technologies, Inc. f/k/a The Marley Cooling Tower Company be dismissed, together with such other and further relief as this Court might deem just and proper. Dated: May 2, 2022 ________________________ Shawnette Fluitt, Esq. 4 of 4