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 10/20/2022 02:12 PM INDEX NO. E2021005118
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3230631
Book Page CIVIL
Return To: No. Pages: 235
SEAN MICHAEL ESFORD
424 Main Street, Suite 1500 Instrument: EXHIBIT(S)
Buffalo, NY 14202
Control #: 202210200911
Index #: E2021005118
Date: 10/20/2022
Karnisky, Robert A. Time: 2:15:45 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
202210200911 Index #
INDEX : E2021005118
NO. E2021005118
FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022
202210200911 IndexNO.
INDEX #: E2021005118
E2021005118
FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022
Page 1
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
9 DEPOSITION UNDER ORAL
10 EXAMINATION OF
11 ROBERT KARNISKY
12 (VOLUME I)
13
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16 This Document Applies To:
17 ROBERT KARNISKY
18 INDEX NO.: E2021005118
19
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21 Job No. 4955557
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
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FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM
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Page 2
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 Monday,
9 January 10, 2022, commencing at
10 approximately 10:23 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
KELLEY, JASONS, McGOWAN, SPINELLI, HANNA &
7 REBER, LLP
Attorneys for Defendant FMC
8 120 Wall Street, 21st Floor
New York, New York 10005
9 BY: CHRIS HANNAN, ESQ.
10
11 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C.
Attorneys for Defendant
12 Zurn Industries
100 Madison Street, Suite 1640
13 Syracuse, New York 13202
BY: GARDAR OLAFSSON, ESQ.
14
15
PHILLIPS LYTLE
16 Attorneys for Defendant
Riley Power Inc.
17 125 Main Street
Buffalo, New York 14203-2887
18 BY: MARY JO HERRSCHER, ESQ.
19
20 ADAMS LECLAIR LLP
Attorneys for Defendant
21 Wm. Summerhays Sons Corporation
28 East Main Street, Suite 1500
22 Rochester, New York 14614
BY: ROBERT P. YAWMAN, 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 FELDMAN KIEFFER, LLP
Attorneys for Defendants Mader
6 Capital, Inc., Mader Plastering Corp.
and The Mader Corporation and Alray
7 Construction Corp. f/k/a Hebert
Construction Corp. and R.E. Hebert &
8 Company, Inc.
1000 Rand Building
9 14 Lafayette Square
Buffalo, New York 14203
10 BY: MARC GROMIS, ESQ.
11
12 TANENBAUM KEALE, LLP
Attorneys for Defendants General
13 Electric, ViacomCBS, Inc. and
Foster Wheeler
14 Three Gateway Center, Suite 1301
100 Mulberry Street
15 Newark, New Jersey 07102
BY: JOSEPHINE A. REINA, ESQ.
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17
HEISMAN NUNES & HULL LLP
18 Attorneys for Defendant Rochester
Industrial Insulations, Inc.
19 69 Cascade Drive, Suite 102
Rochester, New York 14614
20 BY: PAUL V. NUNES, ESQ.
21
22 MORGAN, LEWIS & BOCKIUS, LLP
Attorneys for Defendants
23 Goulds Pumps LLC and ITT LLC
600 Brickell Avenue, Suite 1600
24 Miami, Florida 33131-3075
BY: CAITLYN R. McCUTCHEON, ESQ.
25
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1 MACKENZIE HUGHES, LLP
Attorneys for Defendant Cleaver Brooks
2 440 S. Warren Street, Suite 400
Syracuse, New York 13202
3 BY: STEPHEN S. DAVIE, ESQ.
4
5 FAEGRE DRINKER BIDDLE & REATH, LLP
Attorneys for Defendant
6 Neles-Jamesbury, Inc.
1177 Avenue of the Americas
7 41st Floor
New York, New York 10036
8 BY: THUY T. BUI, ESQ.
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10 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C.
Attorneys for Defendants The William
11 Powell Company and Atwood & Morrill
100 Madison Street, Suite 1640
12 Syracuse, New York 13202
BY: JUSTIN D. HOWLAND, ESQ.
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GOLDBERG SEGALLA, LLP
15 Attorneys for Defendants
Frontier and Industrial
16 665 Main Street
Buffalo, New York 14203-1425
17 BY: JASON A. BOTTICELLI, ESQ.
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19 LEADER, BERKON, COLAO & SILVERSTEIN, LLP
Attorneys for Defendants
20 IMO and Warren
630 Third Avenue, 17th Floor
21 New York, New York 10017
BY: JOHN OSEI-TUTU, 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 HINKHOUSE, WILLIAMS WALSH, LLP
Attorneys for Defendant Pfaudler, Inc.
10 180 North Stetson Avenue, Suite 3400
Chicago, Illinois 60601
11 BY: MEGHAN J. WOOD, ESQ.
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13 BARRY, McTIERNAN & MOORE, LLC
Attorneys for Defendants SPX Cooling
14 Technologies, Inc. and Mueller Steam
Specialty Company
15 101 Greenwich Street, 14th Floor
New York, New York 10006
16 BY: ASHLEY JOHNSTON, ESQ.
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18 BOUVIER LAW, LLP
Attorneys for Defendant Spirax Sarco
19 350 Main Street, Suite 1800
Main Place Tower
20 Buffalo, New York 14202
BY: NORMAN E.S. GREENE, ESQ.
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Page 7
1 BARCLAY DAMON, LLP
Attorneys for Defendants Insulation
2 Distributors, Inc. and Flowserve
Corporation f/k/a The Duriron Company
3 The Avant Building
200 Delaware Avenue, Suite 1200
4 Buffalo, New York 14202
BY: E. MEGHAN DWYER, ESQ.
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6 WILBRAHAM, LAWLER & BUBA, P.C.
Attorneys for Defendant Air & Liquid
7 Systems as successor by merger to
Buffalo Pumps, Inc.
8 295 Main Street, Suite 900
Buffalo, New York 14203
9 BY: STEPHEN E. SCHWARZ, ESQ.
10
11 GOLDBERG SEGALLA, LLP
Attorneys for Defendant
12 Watts Water Technologies
665 Main Street
13 Buffalo, New York 14203-1425
BY: SUSAN E. VAN GELDER, ESQ.
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GORDON REES SCULLY MANSUKHANI, LLP
16 Attorneys for Defendants
Clyde Union and Velan
17 One Battery Park Plaza, 28th Floor
New York, New York 10004
18 BY: MOHAMMAD M. HAQUE, ESQ.
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20 GOLDBERG SEGALLA, LLP
Attorneys for Defendant Elmer Davis
21 665 Main Street
Buffalo, New York 14203-1425
22 BY: TREK FULATER, ESQ.
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Page 8
1 THE COOK GROUP, PLLC
Attorneys for Defendants Armstrong
2 International, Inc., Armstrong Pumps,
Inc. and Aurora Pump Company
3 115 Broadway, Suite 1602
New York, New York 10006
4 BY: SUSAN CHARTERS, ESQ.
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6 McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP
Attorneys for Defendant
7 Flowserve US, Inc.
820 Bausch & Lomb Place
8 Rochester, New York 14604
BY: JOSIE SHEPPARD, ESQ.
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Page 9
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.
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Robert Karnisky
Page 10
1 R O B E R T K A R N I S K Y , the
2 Plaintiff herein, having first been duly
3 sworn by the Notary Public, was examined
4 and testified as follows:
5 THE REPORTER: State your name for
6 the record, please.
7 THE WITNESS: Robert Karnisky.
8 THE REPORTER: State your present
9 home address for the record, please.
10 THE WITNESS: 624 Atlantic Avenue,
11 Macedon, New York 14502.
12 DIRECT EXAMINATION
13 BY MS. SHEPPARD:
14 Q. Mr. Karnisky, my name is Josie
15 Sheppard, I'm an attorney with the law
16 firm of McElroy, Deutsch, Mulvaney and
17 Carpenter. I'm going to be asking you
18 the majority if not all of the questions
19 today, okay?
20 A. Sure.
21 Q. It's -- I want to -- before we
22 get started I'm going to ask you -- I'm
23 going to share with you just some
24 information as far as how the day is
25 going to go. One thing, it's important
Priority-One Court Reporting Services Inc. – A Veritext Company
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Robert Karnisky
Page 11
1 that you make sure that you understand my
2 question and if at any point you don't
3 understand a question, please let me
4 know, okay? Otherwise if you do answer,
5 I'm going to assume that you understood,
6 okay?
7 A. Yup.
8 Q. Okay.
9 A. Okay.
10 Q. Okay, great. And the court
11 reporter, Cheryl, is taking down all of
12 the information that's stated here today.
13 So, if we talk over each other, it's
14 going to make her job very difficult and
15 she's not going to be happy with either
16 one of us. So, just make sure that I'll
17 let you finish all of your answer, let me
18 finish all of my question and that way
19 neither one of us will get in trouble,
20 okay?
21 A. I will try to do that.
22 Q. Me too. I should tell you and
23 you should understand because though you
24 have twins, at least I see in your
25 paperwork here, I also just had twins. I
Priority-One Court Reporting Services Inc. – A Veritext Company
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Robert Karnisky
Page 12
1 didn't plan on doing this today, so I
2 cannot guarantee that you won't hear them
3 at some point, hopefully not but I just
4 wanted to let you know, okay?
5 A. That's fine. Congratulations.
6 Q. Thank you.
7 Okay. So, have you ever done a
8 deposition where they ask you questions
9 and answers like this?
10 A. No.
11 Q. Okay, all right. So, what we're
12 going to do is we'll go for about an hour
13 just asking you some questions and we'll
14 take breaks. If at any point you need a
15 break, let me or your attorney know. And
16 this is your show, if you need to go to
17 the bathroom, if you just need, you know,
18 just a break, you know, from talking, you
19 just let me know and we will take a break
20 at any time, okay?
21 A. Sure, yes.
22 Q. The only thing I ask is that if
23 there's a question that I've asked you,
24 if you could just answer the question
25 before we go on a break, okay?
Priority-One Court Reporting Services Inc. – A Veritext Company
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Robert Karnisky
Page 13
1 A. Right.
2 Q. Okay. At different points you
3 may hear attorneys make objections or say
4 different things. Unless someone
5 directly tells you that's related to you,
6 you can go ahead and just continue to
7 answer the question unless your attorney
8 tells you not to, okay?
9 A. Yes.
10 Q. Okay.
11 A. I'm trying, I'm trying to wait
12 until you finish, make sure you finish
13 before I answer.
14 Q. It gets difficult sometimes and
15 if it starts to happen where we talk over
16 each other, I'll try and slow it down and
17 remind us, okay?
18 A. Yes.
19 Q. And if we get too bad, I'm sure
20 Cheryl will tap us on the hand and let us
21 know, okay?
22 A. Okay.
23 Q. All right. And just one moment,
24 Mr. Karnisky.
25 MS. SHEPPARD: Do any attorneys
Priority-One Court Reporting Services Inc. – A Veritext Company
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1 have any statements for the record
2 before we get started?
3 (No verbal response given)
4 MS. SHEPPARD: Hearing none I will
5 proceed.
6 Q. Okay, Mr. Karnisky, what is your
7 current address right now?
8 A. 624 Atlantic Avenue, Macedon,
9 New York 14502.
10 Q. Okay. Are you currently taking
11 any medications?
12 A. Yes, I am.
13 Q. And what are those medications?
14 If you're not able to tell me the exact
15 names of them, then just tell me what
16 they're for.
17 A. I take a Brilinta, a statin. I
18 take a urinary medicine so I don't have
19 to get up at night. I take a B12 vitamin
20 and I take a baby aspirin. And I take
21 Omeprazole for heartburn, I take two a
22 week. That's it.
23 Q. Okay. The first one that you
24 mentioned -- and actually let me take a
25 step back. The medications that you're
Priority-One Court Reporting Services Inc. – A Veritext Company
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202210200911 IndexNO.
INDEX #: E2021005118
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FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM
NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022
Preview
FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM INDEX NO. E2021005118 NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3230631 Book Page CIVIL Return To: No. Pages: 235 SEAN MICHAEL ESFORD 424 Main Street, Suite 1500 Instrument: EXHIBIT(S) Buffalo, NY 14202 Control #: 202210200911 Index #: E2021005118 Date: 10/20/2022 Karnisky, Robert A. Time: 2:15:45 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 202210200911 Index # INDEX : E2021005118 NO. E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 1 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 9 DEPOSITION UNDER ORAL 10 EXAMINATION OF 11 ROBERT KARNISKY 12 (VOLUME I) 13 14 15 16 This Document Applies To: 17 ROBERT KARNISKY 18 INDEX NO.: E2021005118 19 20 21 Job No. 4955557 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 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 2 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 Monday, 9 January 10, 2022, commencing at 10 approximately 10:23 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 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 3 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 KELLEY, JASONS, McGOWAN, SPINELLI, HANNA & 7 REBER, LLP Attorneys for Defendant FMC 8 120 Wall Street, 21st Floor New York, New York 10005 9 BY: CHRIS HANNAN, ESQ. 10 11 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C. Attorneys for Defendant 12 Zurn Industries 100 Madison Street, Suite 1640 13 Syracuse, New York 13202 BY: GARDAR OLAFSSON, ESQ. 14 15 PHILLIPS LYTLE 16 Attorneys for Defendant Riley Power Inc. 17 125 Main Street Buffalo, New York 14203-2887 18 BY: MARY JO HERRSCHER, ESQ. 19 20 ADAMS LECLAIR LLP Attorneys for Defendant 21 Wm. Summerhays Sons Corporation 28 East Main Street, Suite 1500 22 Rochester, New York 14614 BY: ROBERT P. YAWMAN, ESQ. 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 4 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 FELDMAN KIEFFER, LLP Attorneys for Defendants Mader 6 Capital, Inc., Mader Plastering Corp. and The Mader Corporation and Alray 7 Construction Corp. f/k/a Hebert Construction Corp. and R.E. Hebert & 8 Company, Inc. 1000 Rand Building 9 14 Lafayette Square Buffalo, New York 14203 10 BY: MARC GROMIS, ESQ. 11 12 TANENBAUM KEALE, LLP Attorneys for Defendants General 13 Electric, ViacomCBS, Inc. and Foster Wheeler 14 Three Gateway Center, Suite 1301 100 Mulberry Street 15 Newark, New Jersey 07102 BY: JOSEPHINE A. REINA, ESQ. 16 17 HEISMAN NUNES & HULL LLP 18 Attorneys for Defendant Rochester Industrial Insulations, Inc. 19 69 Cascade Drive, Suite 102 Rochester, New York 14614 20 BY: PAUL V. NUNES, ESQ. 21 22 MORGAN, LEWIS & BOCKIUS, LLP Attorneys for Defendants 23 Goulds Pumps LLC and ITT LLC 600 Brickell Avenue, Suite 1600 24 Miami, Florida 33131-3075 BY: CAITLYN R. McCUTCHEON, ESQ. 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 5 1 MACKENZIE HUGHES, LLP Attorneys for Defendant Cleaver Brooks 2 440 S. Warren Street, Suite 400 Syracuse, New York 13202 3 BY: STEPHEN S. DAVIE, ESQ. 4 5 FAEGRE DRINKER BIDDLE & REATH, LLP Attorneys for Defendant 6 Neles-Jamesbury, Inc. 1177 Avenue of the Americas 7 41st Floor New York, New York 10036 8 BY: THUY T. BUI, ESQ. 9 10 McGIVNEY, KLUGER, CLARK & INTOCCIA, P.C. Attorneys for Defendants The William 11 Powell Company and Atwood & Morrill 100 Madison Street, Suite 1640 12 Syracuse, New York 13202 BY: JUSTIN D. HOWLAND, ESQ. 13 14 GOLDBERG SEGALLA, LLP 15 Attorneys for Defendants Frontier and Industrial 16 665 Main Street Buffalo, New York 14203-1425 17 BY: JASON A. BOTTICELLI, ESQ. 18 19 LEADER, BERKON, COLAO & SILVERSTEIN, LLP Attorneys for Defendants 20 IMO and Warren 630 Third Avenue, 17th Floor 21 New York, New York 10017 BY: JOHN OSEI-TUTU, ESQ. 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 6 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 HINKHOUSE, WILLIAMS WALSH, LLP Attorneys for Defendant Pfaudler, Inc. 10 180 North Stetson Avenue, Suite 3400 Chicago, Illinois 60601 11 BY: MEGHAN J. WOOD, ESQ. 12 13 BARRY, McTIERNAN & MOORE, LLC Attorneys for Defendants SPX Cooling 14 Technologies, Inc. and Mueller Steam Specialty Company 15 101 Greenwich Street, 14th Floor New York, New York 10006 16 BY: ASHLEY JOHNSTON, ESQ. 17 18 BOUVIER LAW, LLP Attorneys for Defendant Spirax Sarco 19 350 Main Street, Suite 1800 Main Place Tower 20 Buffalo, New York 14202 BY: NORMAN E.S. GREENE, ESQ. 21 22 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 7 1 BARCLAY DAMON, LLP Attorneys for Defendants Insulation 2 Distributors, Inc. and Flowserve Corporation f/k/a The Duriron Company 3 The Avant Building 200 Delaware Avenue, Suite 1200 4 Buffalo, New York 14202 BY: E. MEGHAN DWYER, ESQ. 5 6 WILBRAHAM, LAWLER & BUBA, P.C. Attorneys for Defendant Air & Liquid 7 Systems as successor by merger to Buffalo Pumps, Inc. 8 295 Main Street, Suite 900 Buffalo, New York 14203 9 BY: STEPHEN E. SCHWARZ, ESQ. 10 11 GOLDBERG SEGALLA, LLP Attorneys for Defendant 12 Watts Water Technologies 665 Main Street 13 Buffalo, New York 14203-1425 BY: SUSAN E. VAN GELDER, ESQ. 14 15 GORDON REES SCULLY MANSUKHANI, LLP 16 Attorneys for Defendants Clyde Union and Velan 17 One Battery Park Plaza, 28th Floor New York, New York 10004 18 BY: MOHAMMAD M. HAQUE, ESQ. 19 20 GOLDBERG SEGALLA, LLP Attorneys for Defendant Elmer Davis 21 665 Main Street Buffalo, New York 14203-1425 22 BY: TREK FULATER, ESQ. 23 24 25 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 8 1 THE COOK GROUP, PLLC Attorneys for Defendants Armstrong 2 International, Inc., Armstrong Pumps, Inc. and Aurora Pump Company 3 115 Broadway, Suite 1602 New York, New York 10006 4 BY: SUSAN CHARTERS, ESQ. 5 6 McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP Attorneys for Defendant 7 Flowserve US, Inc. 820 Bausch & Lomb Place 8 Rochester, New York 14604 BY: JOSIE SHEPPARD, ESQ. 9 10 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 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Page 9 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 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Robert Karnisky Page 10 1 R O B E R T K A R N I S K Y , the 2 Plaintiff herein, having first been duly 3 sworn by the Notary Public, was examined 4 and testified as follows: 5 THE REPORTER: State your name for 6 the record, please. 7 THE WITNESS: Robert Karnisky. 8 THE REPORTER: State your present 9 home address for the record, please. 10 THE WITNESS: 624 Atlantic Avenue, 11 Macedon, New York 14502. 12 DIRECT EXAMINATION 13 BY MS. SHEPPARD: 14 Q. Mr. Karnisky, my name is Josie 15 Sheppard, I'm an attorney with the law 16 firm of McElroy, Deutsch, Mulvaney and 17 Carpenter. I'm going to be asking you 18 the majority if not all of the questions 19 today, okay? 20 A. Sure. 21 Q. It's -- I want to -- before we 22 get started I'm going to ask you -- I'm 23 going to share with you just some 24 information as far as how the day is 25 going to go. One thing, it's important Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Robert Karnisky Page 11 1 that you make sure that you understand my 2 question and if at any point you don't 3 understand a question, please let me 4 know, okay? Otherwise if you do answer, 5 I'm going to assume that you understood, 6 okay? 7 A. Yup. 8 Q. Okay. 9 A. Okay. 10 Q. Okay, great. And the court 11 reporter, Cheryl, is taking down all of 12 the information that's stated here today. 13 So, if we talk over each other, it's 14 going to make her job very difficult and 15 she's not going to be happy with either 16 one of us. So, just make sure that I'll 17 let you finish all of your answer, let me 18 finish all of my question and that way 19 neither one of us will get in trouble, 20 okay? 21 A. I will try to do that. 22 Q. Me too. I should tell you and 23 you should understand because though you 24 have twins, at least I see in your 25 paperwork here, I also just had twins. I Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Robert Karnisky Page 12 1 didn't plan on doing this today, so I 2 cannot guarantee that you won't hear them 3 at some point, hopefully not but I just 4 wanted to let you know, okay? 5 A. That's fine. Congratulations. 6 Q. Thank you. 7 Okay. So, have you ever done a 8 deposition where they ask you questions 9 and answers like this? 10 A. No. 11 Q. Okay, all right. So, what we're 12 going to do is we'll go for about an hour 13 just asking you some questions and we'll 14 take breaks. If at any point you need a 15 break, let me or your attorney know. And 16 this is your show, if you need to go to 17 the bathroom, if you just need, you know, 18 just a break, you know, from talking, you 19 just let me know and we will take a break 20 at any time, okay? 21 A. Sure, yes. 22 Q. The only thing I ask is that if 23 there's a question that I've asked you, 24 if you could just answer the question 25 before we go on a break, okay? Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Robert Karnisky Page 13 1 A. Right. 2 Q. Okay. At different points you 3 may hear attorneys make objections or say 4 different things. Unless someone 5 directly tells you that's related to you, 6 you can go ahead and just continue to 7 answer the question unless your attorney 8 tells you not to, okay? 9 A. Yes. 10 Q. Okay. 11 A. I'm trying, I'm trying to wait 12 until you finish, make sure you finish 13 before I answer. 14 Q. It gets difficult sometimes and 15 if it starts to happen where we talk over 16 each other, I'll try and slow it down and 17 remind us, okay? 18 A. Yes. 19 Q. And if we get too bad, I'm sure 20 Cheryl will tap us on the hand and let us 21 know, okay? 22 A. Okay. 23 Q. All right. And just one moment, 24 Mr. Karnisky. 25 MS. SHEPPARD: Do any attorneys Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022 Robert Karnisky Page 14 1 have any statements for the record 2 before we get started? 3 (No verbal response given) 4 MS. SHEPPARD: Hearing none I will 5 proceed. 6 Q. Okay, Mr. Karnisky, what is your 7 current address right now? 8 A. 624 Atlantic Avenue, Macedon, 9 New York 14502. 10 Q. Okay. Are you currently taking 11 any medications? 12 A. Yes, I am. 13 Q. And what are those medications? 14 If you're not able to tell me the exact 15 names of them, then just tell me what 16 they're for. 17 A. I take a Brilinta, a statin. I 18 take a urinary medicine so I don't have 19 to get up at night. I take a B12 vitamin 20 and I take a baby aspirin. And I take 21 Omeprazole for heartburn, I take two a 22 week. That's it. 23 Q. Okay. The first one that you 24 mentioned -- and actually let me take a 25 step back. The medications that you're Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 202210200911 IndexNO. INDEX #: E2021005118 E2021005118 FILED: MONROE COUNTY CLERK 10/20/2022 02:12 PM NYSCEF DOC. NO. 245 RECEIVED NYSCEF: 10/20/2022