On June 09, 2021 a
Exhibit,Appendix
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.
Preview
FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM INDEX NO. E2021005118
NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3218160
Book Page CIVIL
Return To: No. Pages: 22
THUY T. BUI
1177 Avenue of the Americas Instrument: EXHIBIT(S)
41st Floor
New York, NY 10036 Control #: 202210061470
Index #: E2021005118
Date: 10/06/2022
Karnisky, Robert A. Time: 5:36:42 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
202210061470 Index #
INDEX : E2021005118
NO. E2021005118
FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM
NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022
EXHIBIT 2
202210061470 IndexNO.
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E2021005118
FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM
NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022
Page 200
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF MONROE
3
4 IN RE: SEVENTH JUDICIAL DISTRICT ASBESTOS
LITIGATION
5
6
7
8 DEPOSITION UNDER ORAL
9 EXAMINATION OF
10 ROBERT KARNISKY
11 (VOLUME II)
12
13
14
15 This Document Applies To:
16 ROBERT KARNISKY
17 INDEX NO.: E2021005118
18
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21 Job No. 4955562
22 PRIORITY ONE COURT REPORTING SERVICES, INC.
23 290 West Mt. Pleasant Ave, Suite 2260
24 Livingston, New Jersey 07039
25 (718) 983-1234
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Page 201
1 Transcript of the deposition of
2 the Plaintiff called for Oral Examination
3 in the above-captioned matter, said
4 deposition being taken pursuant to
5 Federal Rules of Civil Procedure by and
6 before CHERYL F. SOLOMON, a Notary Public
7 and Shorthand Reporter, via Zoom Video
8 and Telephone, on Tuesday,
9 January 11, 2022, commencing at
10 approximately 10:05 in the forenoon.
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1 A P P E A R A N C E S:
2
LIPSITZ, PONTERIO & COMERFORD, LLC
3 Attorneys for Plaintiffs
424 Main Street, Suite 1500
4 Buffalo, New York 14202
BY: SEAN M. ESFORD, ESQ.
5
6
McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C.
7 Attorneys for Defendant
Zurn Industries, LLC
8 100 Madison Street, Suite 1640
Syracuse, New York 13202
9 BY: GARDAR OLAFSSON, ESQ.
10
11 KELLEY, JASONS, McGOWAN, SPINELLI, HANNA &
REBER, LLP
12 Attorneys for Defendant
FMC Corporation
13 120 Wall Street, 21st Floor
New York, New York 10005
14 BY: CHRISTOPHER HANNAN, ESQ.
15
16 ADAMS LECLAIR LLP
Attorneys for Defendant
17 Wm. Summerhays Sons Corporation
28 East Main Street, Suite 1500
18 Rochester, New York 14614
BY: ROBERT P. YAWMAN, ESQ.
19
20
FAEGRE DRINKER BIDDLE & REATH LLP
21 Attorneys for Defendant
Neles-Jamesbury
22 1177 Avenue of the Americas
41st Floor
23 New York, New York 10036
BY: THUY T. BUI, ESQ.
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1 MALABY & BRADLEY, LLC
Attorneys for Defendant Dean
2 150 Broadway, Suite 600
New York, New York 10038
3 BY: ROBERT GUNN, ESQ.
4
5 HEISMAN NUNES & HULL LLP
Attorneys for Defendant
6 Rochester Industrial Insulations, Inc.
69 Cascade Drive, Suite 102
7 Rochester, New York 14614
BY: PAUL V. NUNES, ESQ.
8
9 PHILLIPS LYTLE, LLP
Attorneys for Defendant
10 Riley Power, Inc.
Omni Plaza
11 30 South Pearl Street
Buffalo, New York 14203-2887
12 BY: MARC H. GOLDBERG, ESQ.
13
14 GOLDBERG SEGALLA, LLP
Attorneys for Defendants
15 Frontier and Industrial
665 Main Street
16 Buffalo, New York 14203-1425
BY: JASON A. BOTTICELLI, ESQ.
17
18
MACKENZIE HUGHES, LLP
19 Attorneys for Defendant Cleaver Brooks
440 S. Warren Street, Suite 400
20 Syracuse, New York 13202
BY: STEPHEN S. DAVIE, ESQ.
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1 HINKHOUSE, WILLIAMS WALSH, LLP
Attorneys for Defendant Pfaudler, Inc.
2 180 North Stetson Avenue, Suite 3400
Chicago, Illinois 60601
3 BY: MEGHAN J. WOOD, ESQ.
4
5 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C.
Attorneys for Defendants The William
6 Powell Company and Atwood & Morrill
100 Madison Street, Suite 1640
7 Syracuse, New York 13202
BY: JUSTIN D. HOWLAND, ESQ.
8
9
FELDMAN KIEFFER, LLP
10 Attorneys for Defendants Mader
Capital, Inc., Mader Plastering Corp.
11 and The Mader Corporation and Alray
Construction Corp. f/k/a Hebert
12 Construction Corp. and R.E. Hebert &
Company, Inc.
13 1000 Rand Building
14 Lafayette Square
14 Buffalo, New York 14203
BY: MARC GROMIS, ESQ.
15
16
TANENBAUM KEALE, LLP
17 Attorneys for Defendants General
Electric, ViacomCBS, Inc. and
18 Foster Wheeler
Three Gateway Center, Suite 1301
19 100 Mulberry Street
Newark, New Jersey 07102
20 BY: JOSEPHINE A. REINA, ESQ.
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1 BARRY, McTIERNAN & MOORE, LLC
Attorneys for Defendants SPX Cooling
2 Technologies, Inc. and Mueller Steam
Specialty Company
3 101 Greenwich Street, 14th Floor
New York, New York 10006
4 BY: ASHLEY JOHNSTON, ESQ.
5
6 GOLDBERG SEGALLA, LLP
Attorneys for Defendant
7 Watts Water Technologies
665 Main Street, Suite 400
8 Buffalo, New York 14203
BY: SUSAN E. VAN GELDER, ESQ.
9
10
BOUVIER LAW, LLP
11 Attorneys for Defendant Spirax Sarco
350 Main Street, Suite 1800
12 Main Place Tower
Buffalo, New York 14202
13 BY: NORMAN E.S. GREENE, ESQ.
14
McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
15 Attorneys for Defendant
Flowserve US, Inc.
16 820 Bausch & Lomb Place
Rochester, New York 14604
17 BY: JOSIE SHEPPARD, ESQ.
18
19 GORDON REES SCULLY MANSUKHANI, LLP
Attorneys for Defendants
20 Clyde Union and Velan
One Battery Park Plaza, 28th Floor
21 New York, New York 10004
BY: MOHAMMAD HAQUE, ESQ.
22 ANDREA FASOLINA, Paralegal
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1 MORGAN, LEWIS & BOCKIUS, LLP
Attorneys for Defendants
2 Goulds Pumps LLC and ITT LLC
600 Brickell Avenue, Suite 1600
3 Miami, Florida 33131-3075
BY: CAITLYN R. McCUTCHEON, ESQ.
4
5
LEADER, BERKON, COLAO & SILVERSTEIN, LLP
6 Attorneys for Defendants
IMO and Warren
7 630 Third Avenue, 17th Floor
New York, New York 10017
8 BY: JOHN OSEI-TUTU, ESQ.
9
10 BARCLAY DAMON, LLP
Attorneys for Defendants Insulation
11 Distributors, Inc. and Flowserve
Corporation f/k/a The Duriron Company
12 The Avant Building
200 Delaware Avenue, Suite 1200
13 Buffalo, New York 14202
BY: E. MEGHAN DWYER, ESQ.
14
15 GOLDBERG SEGALLA, LLP
Attorneys for Defendant Elmer Davis
16 665 Main Street
Buffalo, New York 14203-1425
17 BY: TREK FULATER, ESQ.
18
19 THE COOK GROUP, PLLC
Attorneys for Defendants Armstrong
20 International, Inc., Armstrong Pumps,
Inc. and Aurora Pump Company
21 115 Broadway, Suite 1602
New York, New York 10006
22 BY: SUSAN CHARTERS, ESQ.
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1 HARRIS BEACH, PLLC
Attorneys for Defendant Honeywell
2 726 Exchange Street, Suite 1000
Buffalo, New York 14210
3 BY: BRIAN C. MAHONEY, ESQ.
4
5 SEGAL, MCCAMBRIDGE, SINGER & MAHONEY, LTD.
Attorneys for Defendant Gardner Denver
6 777 Third Avenue, Suite 2400
New York, New York 10017
7 BY: JOEL A. MERCHANT, ESQ.
8
9 WILBRAHAM, LAWLER & BUBA, P.C.
Attorneys for Defendant Air & Liquid
10 Systems as successor by merger to
Buffalo Pumps, Inc.
11 295 Main Street, Suite 900
Buffalo, New York 14203
12 BY: STEPHEN E. SCHWARZ, ESQ.
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1 IT IS HEREBY STIPULATED, by and between
2 the attorneys for the respective parties
3 hereto, that filing, sealing and
4 certification of the within Examination
5 Before Trial be waived; that all objections,
6 except as to form, are reserved to the time
7 of trial.
8 IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before any
10 Notary Public with the same force and effect
11 as if signed before a Clerk or Judge of the
12 Court.
13 IT IS FURTHER STIPULATED AND AGREED that
14 all rights provided to all parties by the
15 CPLR shall not be deemed waived and the
16 appropriate sections of the CPLR shall be
17 controlling with respect thereto.
18 IT IS FURTHER STIPULATED AND AGREED by
19 and between the attorneys for the respective
20 parties hereto that a copy of the
21 Examination shall be furnished, without
22 charge, to the attorney representing the
23 witness testifying herein.
24
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FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM
NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022
Robert Karnisky
Page 209
1 R O B E R T K A R N I S K Y , the
2 Plaintiff herein, having previously been
3 duly sworn by the Notary Public, was
4 examined and testified as follows:
5 CONTINUED DIRECT EXAMINATION
6 BY MS. SHEPPARD:
7 Q. Mr. Karnisky, we're going to
8 continue where we left off yesterday. I
9 just wanted to double check that outside
10 of the medications that we discussed
11 yesterday, you haven't taken any new
12 medications between last night when we
13 broke and today, right?
14 A. Well, I neglected to tell you I
15 take eyedrops.
16 Q. How dare you -- no, I'm just
17 kidding.
18 A. The eyedrops are for glaucoma
19 and I take them in both eyes in the
20 evening.
21 Q. Thank you for telling me about
22 that. So, based on everything you told
23 me yesterday and then this eyedrops for
24 the glaucoma, you haven't taken anything
25 other than that; is that correct?
Priority-One Court Reporting Services Inc. – A Veritext Company
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NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022
Robert Karnisky
Page 390
1 recall or you don't know of a specific
2 instance in which a Jamesbury valve was
3 speced?
4 A. No, I'm sorry.
5 MR. ESFORD: Form.
6 Q. No worries, I just wanted to be
7 clear on that.
8 Okay, sir. And so with respect
9 to your work with Jamesbury valves, do
10 you allege that you were exposed to
11 asbestos while working on any of these
12 valves?
13 A. Yes.
14 Q. Okay. And what about working
15 with Jamesbury valves led you to believe
16 that you were exposed to asbestos?
17 A. In a lot of instances where it
18 was on a water line or a steam line, they
19 were insulated and we'd have to take the
20 insulation off to replace or repair the
21 valve. And if it was a big enough valve,
22 they had gaskets on that, on the bonnets
23 and on the flanges if it was a flanged
24 valve.
25 Q. Okay. So, if you were working
Priority-One Court Reporting Services Inc. – A Veritext Company
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1 on a water line or a steam line, it would
2 be insulated, what part of the valve
3 would be insulated?
4 A. The body right up to the top of
5 the stem, just under the nook or the
6 packing gland, I should say.
7 Q. And in general would you have
8 known who put on that insulation?
9 A. No.
10 Q. And in general you would not
11 know the brand of insulation that was put
12 on a Jamesbury valve, correct?
13 A. I wouldn't know the brand but I
14 know a lot of it contained asbestos
15 because the insulation would come up to
16 both sides of the valve and the valve
17 would be mudded with a cloth wrap around
18 it.
19 Q. Okay.
20 A. Broke it off and --
21 Q. So, it's your belief that this
22 insulation contained asbestos but you
23 just don't have specific knowledge that
24 they did; is that right?
25 A. It looked like asbestos --
Priority-One Court Reporting Services Inc. – A Veritext Company
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Robert Karnisky
Page 392
1 MR. ESFORD: Form.
2 A. -- and it powdered like
3 asbestos.
4 Q. Were you ever specifically
5 trained on identifying
6 asbestos-containing materials?
7 A. Only after '85 roughly.
8 Q. And how were you trained?
9 A. Safety meetings.
10 Q. Okay. And specifically what did
11 that training involve?
12 A. Be careful, asbestos is
13 dangerous and this is the way we want you
14 to handle it.
15 Q. Okay. And I apologize, my
16 question was more geared towards how were
17 you specifically trained to identify
18 asbestos-containing material?
19 A. Really that was more from the
20 people you worked with and around
21 because, for example, if a gasket, when
22 you were taking a gasket off, if it was
23 flaky and stringy, it was probably
24 asbestos.
25 Q. And you said that if it's flaky
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM
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Robert Karnisky
Page 395
1 And so was there a specific type
2 of valve that would have a bonnet?
3 A. Quite often they were gate
4 valves.
5 Q. Okay. And sir, and I might have
6 missed the third, another source that you
7 claim that you were exposed to asbestos
8 from working with a Jamesbury valve, was
9 there another way in which you claim that
10 you were exposed to asbestos from working
11 with a Jamesbury valve?
12 A. Well, if it was a flanged valve,
13 from the gaskets. And if we had to
14 repack it, I don't know if the packing
15 was asbestos as well.
16 Q. Okay. Under what circumstances
17 would you need to repack a valve?
18 A. Well, if it was a valve that was
19 used a lot, the packing would go bad
20 because it was used so much and by the
21 time you kept tightening down another,
22 tightening down the two bolts, you'd get
23 to a point where it wouldn't seal, it
24 would leak out the stem, so you had to
25 take it apart and repack it.
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
202210061470 IndexNO.
INDEX #: E2021
Preview
FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3218160 Book Page CIVIL Return To: No. Pages: 22 THUY T. BUI 1177 Avenue of the Americas Instrument: EXHIBIT(S) 41st Floor New York, NY 10036 Control #: 202210061470 Index #: E2021005118 Date: 10/06/2022 Karnisky, Robert A. Time: 5:36:42 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 202210061470 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 EXHIBIT 2 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 200 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF MONROE 3 4 IN RE: SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION 5 6 7 8 DEPOSITION UNDER ORAL 9 EXAMINATION OF 10 ROBERT KARNISKY 11 (VOLUME II) 12 13 14 15 This Document Applies To: 16 ROBERT KARNISKY 17 INDEX NO.: E2021005118 18 19 20 21 Job No. 4955562 22 PRIORITY ONE COURT REPORTING SERVICES, INC. 23 290 West Mt. Pleasant Ave, Suite 2260 24 Livingston, New Jersey 07039 25 (718) 983-1234 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 201 1 Transcript of the deposition of 2 the Plaintiff called for Oral Examination 3 in the above-captioned matter, said 4 deposition being taken pursuant to 5 Federal Rules of Civil Procedure by and 6 before CHERYL F. SOLOMON, a Notary Public 7 and Shorthand Reporter, via Zoom Video 8 and Telephone, on Tuesday, 9 January 11, 2022, commencing at 10 approximately 10:05 in the forenoon. 11 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 202 1 A P P E A R A N C E S: 2 LIPSITZ, PONTERIO & COMERFORD, LLC 3 Attorneys for Plaintiffs 424 Main Street, Suite 1500 4 Buffalo, New York 14202 BY: SEAN M. ESFORD, ESQ. 5 6 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C. 7 Attorneys for Defendant Zurn Industries, LLC 8 100 Madison Street, Suite 1640 Syracuse, New York 13202 9 BY: GARDAR OLAFSSON, ESQ. 10 11 KELLEY, JASONS, McGOWAN, SPINELLI, HANNA & REBER, LLP 12 Attorneys for Defendant FMC Corporation 13 120 Wall Street, 21st Floor New York, New York 10005 14 BY: CHRISTOPHER HANNAN, ESQ. 15 16 ADAMS LECLAIR LLP Attorneys for Defendant 17 Wm. Summerhays Sons Corporation 28 East Main Street, Suite 1500 18 Rochester, New York 14614 BY: ROBERT P. YAWMAN, ESQ. 19 20 FAEGRE DRINKER BIDDLE & REATH LLP 21 Attorneys for Defendant Neles-Jamesbury 22 1177 Avenue of the Americas 41st Floor 23 New York, New York 10036 BY: THUY T. BUI, ESQ. 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 203 1 MALABY & BRADLEY, LLC Attorneys for Defendant Dean 2 150 Broadway, Suite 600 New York, New York 10038 3 BY: ROBERT GUNN, ESQ. 4 5 HEISMAN NUNES & HULL LLP Attorneys for Defendant 6 Rochester Industrial Insulations, Inc. 69 Cascade Drive, Suite 102 7 Rochester, New York 14614 BY: PAUL V. NUNES, ESQ. 8 9 PHILLIPS LYTLE, LLP Attorneys for Defendant 10 Riley Power, Inc. Omni Plaza 11 30 South Pearl Street Buffalo, New York 14203-2887 12 BY: MARC H. GOLDBERG, ESQ. 13 14 GOLDBERG SEGALLA, LLP Attorneys for Defendants 15 Frontier and Industrial 665 Main Street 16 Buffalo, New York 14203-1425 BY: JASON A. BOTTICELLI, ESQ. 17 18 MACKENZIE HUGHES, LLP 19 Attorneys for Defendant Cleaver Brooks 440 S. Warren Street, Suite 400 20 Syracuse, New York 13202 BY: STEPHEN S. DAVIE, ESQ. 21 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 204 1 HINKHOUSE, WILLIAMS WALSH, LLP Attorneys for Defendant Pfaudler, Inc. 2 180 North Stetson Avenue, Suite 3400 Chicago, Illinois 60601 3 BY: MEGHAN J. WOOD, ESQ. 4 5 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C. Attorneys for Defendants The William 6 Powell Company and Atwood & Morrill 100 Madison Street, Suite 1640 7 Syracuse, New York 13202 BY: JUSTIN D. HOWLAND, ESQ. 8 9 FELDMAN KIEFFER, LLP 10 Attorneys for Defendants Mader Capital, Inc., Mader Plastering Corp. 11 and The Mader Corporation and Alray Construction Corp. f/k/a Hebert 12 Construction Corp. and R.E. Hebert & Company, Inc. 13 1000 Rand Building 14 Lafayette Square 14 Buffalo, New York 14203 BY: MARC GROMIS, ESQ. 15 16 TANENBAUM KEALE, LLP 17 Attorneys for Defendants General Electric, ViacomCBS, Inc. and 18 Foster Wheeler Three Gateway Center, Suite 1301 19 100 Mulberry Street Newark, New Jersey 07102 20 BY: JOSEPHINE A. REINA, ESQ. 21 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 205 1 BARRY, McTIERNAN & MOORE, LLC Attorneys for Defendants SPX Cooling 2 Technologies, Inc. and Mueller Steam Specialty Company 3 101 Greenwich Street, 14th Floor New York, New York 10006 4 BY: ASHLEY JOHNSTON, ESQ. 5 6 GOLDBERG SEGALLA, LLP Attorneys for Defendant 7 Watts Water Technologies 665 Main Street, Suite 400 8 Buffalo, New York 14203 BY: SUSAN E. VAN GELDER, ESQ. 9 10 BOUVIER LAW, LLP 11 Attorneys for Defendant Spirax Sarco 350 Main Street, Suite 1800 12 Main Place Tower Buffalo, New York 14202 13 BY: NORMAN E.S. GREENE, ESQ. 14 McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP 15 Attorneys for Defendant Flowserve US, Inc. 16 820 Bausch & Lomb Place Rochester, New York 14604 17 BY: JOSIE SHEPPARD, ESQ. 18 19 GORDON REES SCULLY MANSUKHANI, LLP Attorneys for Defendants 20 Clyde Union and Velan One Battery Park Plaza, 28th Floor 21 New York, New York 10004 BY: MOHAMMAD HAQUE, ESQ. 22 ANDREA FASOLINA, Paralegal 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 206 1 MORGAN, LEWIS & BOCKIUS, LLP Attorneys for Defendants 2 Goulds Pumps LLC and ITT LLC 600 Brickell Avenue, Suite 1600 3 Miami, Florida 33131-3075 BY: CAITLYN R. McCUTCHEON, ESQ. 4 5 LEADER, BERKON, COLAO & SILVERSTEIN, LLP 6 Attorneys for Defendants IMO and Warren 7 630 Third Avenue, 17th Floor New York, New York 10017 8 BY: JOHN OSEI-TUTU, ESQ. 9 10 BARCLAY DAMON, LLP Attorneys for Defendants Insulation 11 Distributors, Inc. and Flowserve Corporation f/k/a The Duriron Company 12 The Avant Building 200 Delaware Avenue, Suite 1200 13 Buffalo, New York 14202 BY: E. MEGHAN DWYER, ESQ. 14 15 GOLDBERG SEGALLA, LLP Attorneys for Defendant Elmer Davis 16 665 Main Street Buffalo, New York 14203-1425 17 BY: TREK FULATER, ESQ. 18 19 THE COOK GROUP, PLLC Attorneys for Defendants Armstrong 20 International, Inc., Armstrong Pumps, Inc. and Aurora Pump Company 21 115 Broadway, Suite 1602 New York, New York 10006 22 BY: SUSAN CHARTERS, ESQ. 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 207 1 HARRIS BEACH, PLLC Attorneys for Defendant Honeywell 2 726 Exchange Street, Suite 1000 Buffalo, New York 14210 3 BY: BRIAN C. MAHONEY, ESQ. 4 5 SEGAL, MCCAMBRIDGE, SINGER & MAHONEY, LTD. Attorneys for Defendant Gardner Denver 6 777 Third Avenue, Suite 2400 New York, New York 10017 7 BY: JOEL A. MERCHANT, ESQ. 8 9 WILBRAHAM, LAWLER & BUBA, P.C. Attorneys for Defendant Air & Liquid 10 Systems as successor by merger to Buffalo Pumps, Inc. 11 295 Main Street, Suite 900 Buffalo, New York 14203 12 BY: STEPHEN E. SCHWARZ, ESQ. 13 14 15 16 17 18 19 20 21 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Page 208 1 IT IS HEREBY STIPULATED, by and between 2 the attorneys for the respective parties 3 hereto, that filing, sealing and 4 certification of the within Examination 5 Before Trial be waived; that all objections, 6 except as to form, are reserved to the time 7 of trial. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before any 10 Notary Public with the same force and effect 11 as if signed before a Clerk or Judge of the 12 Court. 13 IT IS FURTHER STIPULATED AND AGREED that 14 all rights provided to all parties by the 15 CPLR shall not be deemed waived and the 16 appropriate sections of the CPLR shall be 17 controlling with respect thereto. 18 IT IS FURTHER STIPULATED AND AGREED by 19 and between the attorneys for the respective 20 parties hereto that a copy of the 21 Examination shall be furnished, without 22 charge, to the attorney representing the 23 witness testifying herein. 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Robert Karnisky Page 209 1 R O B E R T K A R N I S K Y , the 2 Plaintiff herein, having previously been 3 duly sworn by the Notary Public, was 4 examined and testified as follows: 5 CONTINUED DIRECT EXAMINATION 6 BY MS. SHEPPARD: 7 Q. Mr. Karnisky, we're going to 8 continue where we left off yesterday. I 9 just wanted to double check that outside 10 of the medications that we discussed 11 yesterday, you haven't taken any new 12 medications between last night when we 13 broke and today, right? 14 A. Well, I neglected to tell you I 15 take eyedrops. 16 Q. How dare you -- no, I'm just 17 kidding. 18 A. The eyedrops are for glaucoma 19 and I take them in both eyes in the 20 evening. 21 Q. Thank you for telling me about 22 that. So, based on everything you told 23 me yesterday and then this eyedrops for 24 the glaucoma, you haven't taken anything 25 other than that; is that correct? Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Robert Karnisky Page 390 1 recall or you don't know of a specific 2 instance in which a Jamesbury valve was 3 speced? 4 A. No, I'm sorry. 5 MR. ESFORD: Form. 6 Q. No worries, I just wanted to be 7 clear on that. 8 Okay, sir. And so with respect 9 to your work with Jamesbury valves, do 10 you allege that you were exposed to 11 asbestos while working on any of these 12 valves? 13 A. Yes. 14 Q. Okay. And what about working 15 with Jamesbury valves led you to believe 16 that you were exposed to asbestos? 17 A. In a lot of instances where it 18 was on a water line or a steam line, they 19 were insulated and we'd have to take the 20 insulation off to replace or repair the 21 valve. And if it was a big enough valve, 22 they had gaskets on that, on the bonnets 23 and on the flanges if it was a flanged 24 valve. 25 Q. Okay. So, if you were working Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Robert Karnisky Page 391 1 on a water line or a steam line, it would 2 be insulated, what part of the valve 3 would be insulated? 4 A. The body right up to the top of 5 the stem, just under the nook or the 6 packing gland, I should say. 7 Q. And in general would you have 8 known who put on that insulation? 9 A. No. 10 Q. And in general you would not 11 know the brand of insulation that was put 12 on a Jamesbury valve, correct? 13 A. I wouldn't know the brand but I 14 know a lot of it contained asbestos 15 because the insulation would come up to 16 both sides of the valve and the valve 17 would be mudded with a cloth wrap around 18 it. 19 Q. Okay. 20 A. Broke it off and -- 21 Q. So, it's your belief that this 22 insulation contained asbestos but you 23 just don't have specific knowledge that 24 they did; is that right? 25 A. It looked like asbestos -- Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Robert Karnisky Page 392 1 MR. ESFORD: Form. 2 A. -- and it powdered like 3 asbestos. 4 Q. Were you ever specifically 5 trained on identifying 6 asbestos-containing materials? 7 A. Only after '85 roughly. 8 Q. And how were you trained? 9 A. Safety meetings. 10 Q. Okay. And specifically what did 11 that training involve? 12 A. Be careful, asbestos is 13 dangerous and this is the way we want you 14 to handle it. 15 Q. Okay. And I apologize, my 16 question was more geared towards how were 17 you specifically trained to identify 18 asbestos-containing material? 19 A. Really that was more from the 20 people you worked with and around 21 because, for example, if a gasket, when 22 you were taking a gasket off, if it was 23 flaky and stringy, it was probably 24 asbestos. 25 Q. And you said that if it's flaky Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/06/2022 05:35 PM NYSCEF DOC. NO. 235 RECEIVED NYSCEF: 10/06/2022 Robert Karnisky Page 395 1 And so was there a specific type 2 of valve that would have a bonnet? 3 A. Quite often they were gate 4 valves. 5 Q. Okay. And sir, and I might have 6 missed the third, another source that you 7 claim that you were exposed to asbestos 8 from working with a Jamesbury valve, was 9 there another way in which you claim that 10 you were exposed to asbestos from working 11 with a Jamesbury valve? 12 A. Well, if it was a flanged valve, 13 from the gaskets. And if we had to 14 repack it, I don't know if the packing 15 was asbestos as well. 16 Q. Okay. Under what circumstances 17 would you need to repack a valve? 18 A. Well, if it was a valve that was 19 used a lot, the packing would go bad 20 because it was used so much and by the 21 time you kept tightening down another, 22 tightening down the two bolts, you'd get 23 to a point where it wouldn't seal, it 24 would leak out the stem, so you had to 25 take it apart and repack it. Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210061470 IndexNO. INDEX #: E2021