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 07/08/2022 06:13 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/08/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3130354 Book Page CIVIL Return To: No. Pages: 3 MICHAEL A. TANENBAUM Three Gateway Center Instrument: NOTICE OF MOTION OR CROSS MOTION 100 Mulberry Street - Suite 1301 Newark, NJ 07102 Control #: 202207110060 Index #: E2021005118 Date: 07/11/2022 Karnisky, Robert A. Time: 8:51:58 AM Karnisky, Paula A. Air & Liquid Systems Corporation Alray Construction Corp. Armstrong International, Inc. Armstrong Pumps Inc. Aurora Pump Company Motion Filing Fee $45.00 Total Fees Paid: $45.00 Employee: CW 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 202207110060 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:13 PM NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/08/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE x IN RE: SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION Hon. Erin P. Gall, J.S.C. x ROBERT A. KARNISKY and PAULA A. KARNISKY, his Index No. E2021005118 spouse, Plaintiffs, NOTICE OF MOTION -against- FOR SUMMARY JUDGMENT AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants. x PLEASE TAKE NOTICE that upon the annexed memorandum of law and affirmation of William T. Miedel dated July 8, 2022, including all exhibits thereto, together with the pleadings and proceedings heretofore, defendant FOSTER WHEELER LLC will move this Court, the Supreme Court of the State of New York, County of Oneida, located at 200 Elizabeth Street, 2nd Floor, Utica, New York, on the 9th day of August 2022, at 11:00 a.m., or as soon thereafter as counsel may be heard, for an Order: 1. Granting summary judgment, pursuant to CPLR 3212, on behalf of defendant Foster Wheeler LLC, Survivor to a Merger with Foster Wheeler Corporation (“Foster Wheeler”), because Foster Wheeler established sufficiently, through Plaintiffs’ own admissions in this case, that no question of fact exists to suggest that Plaintiff Robert A. Karnisky was exposed to asbestos from any Foster Wheeler product; 1 2 of 3 202207110060 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:13 PM NYSCEF DOC. NO. 163 RECEIVED NYSCEF: 07/08/2022 2. And for such other and further relief as this Court may deem just and proper. PLEASE TAKE FURTHER NOTICE that answering affidavits, if any, are to be served upon the undersigned by July 26, 2022, pursuant to the current Scheduling Order for this case. Dated: Newark, New Jersey July 8, 2022 Respectfully submitted, By: _____________________________ William T. Miedel, Esq. TANENBAUM KEALE LLP Attorneys for Foster Wheeler LLC Three Gateway Center 100 Mulberry Street, Suite 1301 Newark, New Jersey 07102 (973) 242-0002 To: Sean M. Esford, Esq. Lipsitz, Ponterio & Comerford, LLC Attorneys for Plaintiffs 424 Main Street – Suite 1500 Buffalo, New York 14202 COUNSEL FOR ALL DEFENDANTS 2 3 of 3