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.
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FILED: MONROE COUNTY CLERK 07/08/2022 06:34 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/08/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3130238 Book Page CIVIL Return To: No. Pages: 5 MICHAEL A. TANENBAUM Three Gateway Center Instrument: MISCELLANEOUS DOCUMENT 100 Mulberry Street - Suite 1301 Newark, NJ 07102 Control #: 202207081491 Index #: E2021005118 Date: 07/08/2022 Karnisky, Robert A. Time: 6:34:42 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 5 202207081491 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:34 PM NYSCEF DOC. NO. 178 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, AFFIRMATION IN SUPPORT OF -against- DEFENDANT PARAMOUNT GLOBAL F/K/A VIACOMCBS INC.’S MOTION AIR & LIQUID SYSTEMS CORPORATION, et al., FOR SUMMARY JUDGMENT Defendants. x WILLIAM T. MIEDEL, an attorney duly admitted to practice law before the Courts of this State, affirms, under the penalties of perjury pursuant to CPLR 2106, that the following statements are true, except for those made upon information and belief: 1. I am an attorney associated with the law firm of Tanenbaum Keale LLP, attorneys for defendant Paramount Global, f/k/a ViacomCBS Inc., f/k/a CBS Corporation, a Delaware corporation, f/k/a Viacom Inc., successor by merger to CBS Corporation, a Pennsylvania corporation, f/k/a Westinghouse Electric Corporation (“Westinghouse”). I have prepared this Affirmation upon information and belief, based upon the file for this matter maintained by this office, which I believe to be true and accurate. 2. I respectfully submit this affirmation in support of Westinghouse’s motion for summary judgment pursuant to CPLR 3212 based on Plaintiffs’ own admissions in this case which sufficiently establish that no question of fact exists to suggest that Plaintiff Robert A. Karnisky was exposed to asbestos from any Westinghouse product. 1 2 of 5 202207081491 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:34 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/08/2022 STATEMENT OF FACTS 3. Plaintiffs commenced this action against Westinghouse and other named defendants to recover damages based on injuries sustained by Plaintiff Robert A. Karnisky as a result of his alleged exposure to asbestos.1 4. Westinghouse filed a responsive pleading in this action.2 5. As part of their discovery obligations in this case, Plaintiffs served Interrogatory Responses.3 Plaintiffs alleged in their Interrogatory Responses that Plaintiff Robert A. Karnisky was exposed to asbestos from his work for Xerox Corporation between 1967 and 2003. (Exhibit A at pp. 8-9.) 6. Nowhere in their Interrogatory Responses do Plaintiffs identify Westinghouse as a manufacturer, seller, supplier or entity otherwise associated with any alleged asbestos- containing products that Plaintiff Robert A. Karnisky may have encountered. (See generally id.) 7. Plaintiff Robert A. Karnisky testified on his own behalf over the course of four days in this case. 8. An attorney from my office attended Plaintiff Robert A. Karnisky’s deposition via video-conference. According to that attorney’s representations, at no time during Mr. Karnisky’s deposition in this case did he identify Westinghouse as a company associated with his alleged asbestos exposure. 1 See Summons and Complaint filed on June 9, 2021 (NYSCEF Doc. No. 1); Amended Complaint filed on December 6, 2021 (NYSCEF Doc. No. 53). 2 See Answer of Defendant to Plaintiffs’ Verified Complaint filed on July 14, 2021 (NYSCEF Doc. No. 35). 3 See Plaintiff’s Verified Answers to Defendants’ Standard Set of Interrogatories dated October 5, 2021 (a true and correct copy of which is annexed hereto as Exhibit A) (personally identifying information redacted). 2 3 of 5 202207081491 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:34 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/08/2022 9. Based on the lack of any product identification, my office sent to Plaintiffs’ counsel and all counsel of record a request for a No Opposition Summary Judgment Motion and Order. 4 To date, Plaintiffs’ counsel has not signed Westinghouse’s requested No Opposition Summary Judgment Motion and Order or advised Westinghouse “of the identities of the co-worker(s) or other witness(es) who will testify concerning product or contractor identification, or specifying documents that will evidence product or contractor identification.” See Third, Fourth, Fifth, Sixth, and Seventh Judicial District Asbestos Litigation Case Management Order (dated January 27, 20210 at § XII.B.2.b. To date, no other party to this action has objected to Westinghouse’s proposed No Opposition Summary Judgment Motion and Order. See id. at § XII.B.2.a. 10. For the reasons set forth herein and in the accompanying memorandum of law, defendant Paramount Global f/k/a ViacomCBS Inc. respectfully requests an Order pursuant to CPLR 3212 granting summary judgment and dismissing Plaintiffs’ Complaint in its entirety as it pertains to Paramount Global, dismissing all other claims and cross-claims against Paramount Global in this action, and for such other and further relief as this Court may deem just and proper. 11. As such, defendant Paramount Global respectfully requests this Court to sign an Order Granting Summary Judgment in the form annexed hereto as Exhibit C. 4 See Letter from William T. Miedel to Sean M. Esford dated May 6, 2022 with accompanying e-mails (a true and correct copy of which are annexed hereto as Exhibit B). 3 4 of 5 202207081491 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 07/08/2022 06:34 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 07/08/2022 12. No prior requests have been made for this or similar relief to this or any other court. Dated: Newark, New Jersey July 8, 2022 Respectfully submitted, By: ______________________________ William T. Miedel, Esq. TANENBAUM KEALE LLP Attorneys for Paramount Global f/k/a ViacomCBS Inc. Three Gateway Center 100 Mulberry Street, Suite 1301 Newark, New Jersey 07102 (973) 242-0002 4 5 of 5