On June 09, 2021 a No Value 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 05/05/2022 02:28 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 05/05/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3069710 Book Page CIVIL Return To: No. Pages: 3 ERIK CHRISTOPHER DIMARCO One Battery Park Plaza Instrument: MISCELLANEOUS DOCUMENT 28th Floor New York, NY 10004 Control #: 202205050729 Index #: E2021005118 Date: 05/05/2022 Karnisky, Robert A. Time: 2:29:17 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 3 202205050729 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 05/05/2022 02:28 PM NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 05/05/2022 NUNZIO MOUDATSOS DIRECT: (212) 453-0776 NMOUDATSOS@GRSM.COM ATTORNEYS AT LAW 1 BATTERY PARK PLAZA, 28TH FLOOR NEW YORK, NY 10004 WWW .GRSM.COM May 5, 2022 VIA NYSCEF Sean Esford, Esq. Lipsitz Ponterio & Comerford LLC 424 Main Street Suite 1500 Buffalo, NY 14202 Re: Robert A. Karnisky et al. v. Air & Liquid Systems Corporation, et al. Supreme Court of the State of New York, County of Monroe Index No.: E2021005118 Dear Mr. Esford: We have reviewed the above-referenced matter and find no basis for plaintiffs to pursue his claims against our client, Velan Valve Corp. As you know, depositions have concluded without identification of our client as a source of plaintiff’s alleged asbestos exposure. Accordingly, we request that you kindly execute the enclosed No Opposition Summary Judgment Motion and Order and remit the original to our office for filing. Should you decline to sign the orders, please advise as to the basis of plaintiff’s claims against defendant. Thank you for your anticipated cooperation. If you have any questions, please do not hesitate to contact us. Sincerely, GORDON REES SCULLY MANSUKHANI, LLP Nunzio Moudatsos Practice Group Manager – NY Toxic Tort Enclosure 1242264/67035592v.1 2 of 3 202205050729 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 05/05/2022 02:28 PM NYSCEF DOC. NO. 132 RECEIVED NYSCEF: 05/05/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE –––––––––––––––––––––––––––––– x IN RE: SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION –––––––––––––––––––––––––––––– x ROBERT A. KARNISKY and PAULA A. KARNISKY, Index No.: E2021005118 his spouse, NO OPPOSITION Plaintiff(s), SUMMARY JUDGMENT MOTION AS TO --against-- DEFENDANT VELAN VALVE CORP. ONLY AIR & LIQUID SYSTEMS CORPORATION, et al. Defendants. –––––––––––––––––––––––––––––– x WHEREFORE, VELAN VALVE CORP. hereby requests Summary Judgment in the above- titled action, pursuant to CPLR section 3212, dismissing Plaintiffs’ Complaints against VELAN VALVE CORP. only, 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 VELAN VALVE CORP. only, are hereby dismissed with prejudice and without costs. The basis for dismissal is: No Product ID Lack of Personal Jurisdiction Workers Compensation Bar Wrong Entity Sued No Successor Liability Lack of Service As A Matter of Law Other Date: __________________ New York, New York _____________________________________ _____________________________________ Sean Esford, Esq. Erik C. DiMarco, Esq. LIPSITZ PONTERIO & COMERFORD GORDON REES SCULLY MANSUKHANI LLP Attorneys for Plaintiffs Attorneys for Defendant 424 Main Street, Suite 1500 VELAN VALVE CORP. Buffalo, NY 14202 One Battery Park Plaza, 28th Floor (716) 849-0701 New York, NY 10004 (212) 269-5500 SO ORDERED this ______ day of ________________, 2022 1242264/67032320v.1 ___________________________________ HON. ERIN P. GALL, J.S.C. 3 of 3