On June 09, 2021 a Party Discovery 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 09/29/2022 10:41 AM INDEX NO. E2021005118 NYSCEF DOC. NO. 216 RECEIVED NYSCEF: 09/29/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3209446 Book Page CIVIL Return To: No. Pages: 4 JESSICA JEAN BURGASSER 295 Main Street Instrument: MISCELLANEOUS DOCUMENT Suite 900 Buffalo, NY 14203 Control #: 202209290285 Index #: E2021005118 Date: 09/29/2022 Karnisky, Robert A. Time: 10:43:27 AM 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 202209290285 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 09/29/2022 10:41 AM NYSCEF DOC. NO. 216 RECEIVED NYSCEF: 09/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE _____________________________________________ ROBERT A. KARNISKY and PAULA A. KARNISKY, his spouse, Plaintiffs, Index No. E2021005118 -against- FACT WITNESS LIST AIR & LIQUID SYSTEMS CORPORATION as successor by merger to Buffalo Pumps, Inc., et al., Defendants. _____________________________________________ Defendant, AIR & LIQUID SYSTEM CORPORATION as successor by merger to Buffalo Pumps, Inc. (hereinafter “Defendant BUFFALO PUMPS”), by its attorneys, WILBRAHAM, LAWLER & BUBA, P.C., hereby submits this list of previously recorded deposition testimony it may use at trial: Plaintiff, ROBERT A. KARNISKY; and Corporate Representatives or Persons Most Knowledgeable designated by any party, third party, or entity identifying as contributing to Plaintiff’s alleged asbestos exposure. These deposition designations are based on the understanding that the witnesses named therein are unavailable to testify at trial in person because they are beyond the reach of a subpoena, physically unable to testify, or are deceased. If circumstances of availability are found to be incorrect for any witness, Defendant BUFFALO PUMPS reserve the right to call that witness to testify at trial in person. 1 2 of 4 202209290285 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 09/29/2022 10:41 AM NYSCEF DOC. NO. 216 RECEIVED NYSCEF: 09/29/2022 Defendant BUFFALO PUMPS reserve the right to introduce as evidence any and all deposition testimony needed to authenticate, identify or provide information about any of the documents sought to be introduced at trial. Defendant BUFFALO PUMPS reserve the right to offer deposition testimony of any witness as needed to rebut or impeach the testimony of any witness or the contents, veracity, authenticity, or other information regarding any exhibit or document offered at trial. Defendant BUFFALO PUMPS’ designations are not to be taken to preclude Defendant BUFFALO PUMPS from offering trial or deposition testimony of any witness for the purpose of rebuttal or impeachment on cross-examination. Defendant BUFFALO PUMPS reserve the right to offer deposition transcript testimony of current or former employees of Defendant BUFFALO PUMPS, and any and all current or former employees of any and all successors in interest, parent companies, alter egos, or equitable trustees thereto. To the extent that any expert, lay, or other witness has not yet been deposed, Defendant BUFFALO PUMPS reserve the right to designate portions, or the entirety, of those depositions following their completion. Defendant BUFFALO PUMPS reserve the right to adopt and incorporate by reference any deposition designation of any other party to this matter, specifically incorporating by reference to the Plaintiff’s own designations. Defendant BUFFALO PUMPS reserve the right to supplement its designations at any time prior to or during trial. 2 3 of 4 202209290285 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 09/29/2022 10:41 AM NYSCEF DOC. NO. 216 RECEIVED NYSCEF: 09/29/2022 DATED: Buffalo, New York September 29, 2022 WILBRAHAM, LAWLER & BUBA, P.C. By: _________________________ Jessica J. Burgasser, Esq. Attorneys for Defendant AIR & LIQUID SYSTEMS CORPORATION as successor by merger to Buffalo Pumps, Inc. 295 Main Street, Suite 900 Buffalo, New York 14203 TO: Sean M. Esford, Esq. Lipsitz, Ponterio & Comerford LLC Attorneys for Plaintiffs 424 Main Street, Suite 1500 Buffalo, NY 14202 (716) 849-0701 3 4 of 4