On June 09, 2021 a Motion-Secondary 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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
FILED: MONROE COUNTY CLERK 07/08/2022 12:15 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 07/08/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3129440 Book Page CIVIL Return To: No. Pages: 4 JASON ANTHONY BOTTICELLI Instrument: MISCELLANEOUS DOCUMENT Control #: 202207080609 Index #: E2021005118 Date: 07/08/2022 Karnisky, Robert A. Time: 12:16:35 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 202207080609 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 12:15 PM NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 07/08/2022 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT _______________________________________________________ In Re: Seventh Judicial District Asbestos Litigation Index No. E2021005118 _______________________________________________________ This Document Applies to: AFFIRMATION IN SUPPORT OF SUPREME COURT OF THE STATE OF NEW YORK DEFENDANT WATTS WATER COUNTY OF MONROE TECHNOLOGIES, INC.’S MOTION ______________________________________________ TO DISMISS FOR LACK OF PERSONAL JURISDICTION ROBERT A. KARNISKY and PAULA KARNISKY, his spouse, Plaintiffs, vs. AIR & LIQUID SYSTEMS CORPORATION, as successor by merger to BUFFALO PUMPS, INC., et al. Defendants. Jason A. Botticelli, Esq., an attorney at law duly admitted to practice before the Courts of the State of New York, affirms the following to be true under penalties of perjury: 1. I am a partner at Goldberg Segalla, LLP, attorneys for the defendant Watts Water Technologies, Inc. (“Watts”). I am fully familiar with the facts and circumstances set forth below. 2. I submit this Affirmation in support of Watts’ motion pursuant to CPLR § 3211(a)(8) to dismiss plaintiffs Robert A. Karnisky and Paula Karnisky’s complaint for lack of personal jurisdiction over Watts. 3. On or about December 14, 2021, plaintiffs Robert and Paula Karnisky served their Amended Complaint in this action bringing claims against forty-five defendants, including 2 of 4 202207080609 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 12:15 PM NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 07/08/2022 Watts, for alleged exposure to asbestos causing Mr. Karnisky’s asbestosis. A true and accurate copy of the Amended Complaint is attached as Exhibit A. 4. On or about January 10, 2022, Watts served its answer to the Amended Complaint, which asserted as a fourth affirmative defense that the Court lacks personal jurisdiction over Watts. A true and correct copy of the answer is attached as Exhibit B. 5. On or about December 30, 2021, plaintiffs served their answers to interrogatories, which listed “Watts” as a manufacturer of steam traps Mr. Karnisky worked with at Xerox Corporation between 1967 and 2003. A true and correct copy of plaintiffs’ answers to interrogatories is attached as Exhibit C. 6. Mr. Karnisky’s deposition took place over four days between January 10 and January 14, 2022. A true and correct copy of portions of Mr. Karnisky’s deposition testimony is attached as Exhibit D. 7. At his deposition, Mr. Karnisky testified that he was exposed to asbestos from gaskets and insulation associated with “Watts” steam traps he replaced and repaired while working as a pipefitter at Xerox Corporation. Exhibit D at 89, 102. Mr. Karnisky could not remember when he first worked with a “Watts” steam trap at Xerox, but testified that he was last exposed to asbestos from such steam traps around 1985. Id. at 690. He testified that the word “Watts” was embossed on the steam traps. Id. at 700. 8. Watts did not even exist until the very end of 1985. As documented by certified records of the Delaware Secretary of State, Watts was incorporated in Delaware on December 27, 1985 under the name Watts Industries, Inc. A true and accurate copy of the Certificate of Incorporation for Watts Industries, Inc. is attached as Exhibit E. - 2 - 3 of 4 202207080609 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 12:15 PM NYSCEF DOC. NO. 142 RECEIVED NYSCEF: 07/08/2022 9. Watts thereafter adopted its current name of Watts Water Technologies, Inc. on March 30, 2003 on merging with another entity of that name that had only been incorporated earlier that year. A true and accurate copy of the Certificate of Incorporation of Watts Water Technologies, Inc. is attached as Exhibit F. A true and accurate copy of the Certificate of Ownership and Merger of Watts Water Technologies, Inc. with and into Watts Industries, Inc. is attached as Exhibit G. 10. Public records demonstrate that Watts’ principal place of business is in Massachusetts. A true and accurate copy of the Annual Report of Watts Water Technologies, Inc. filed with the Secretary of the Commonwealth of Massachusetts is attached as Exhibit H. Dated: Buffalo, New York July 8, 2022 GOLDBERG SEGALLA LLP By: _______________________________ Joseph J. Welter, Esq. Jason A. Botticelli, Esq. Attorneys for Defendant WATTS WATER TECHNOLOGIES, INC 665 Main Street, Suite 400 Buffalo, New York 14203 (716) 566-5426 - 3 - 4 of 4