Preview
FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK CITY
ASBESTOS LITIGATION
THIS DOCUMENT RELATES TO: Index No.:
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
SAAD, and FIRAS MOHAMMAD, SUMMONS
Plaintiffs,
Plaintiffs designate NEW YORK
‐against‐ County as the Place of Trial
BARRETTS MINERALS INC., et al. The Basis of Venue is Defendants’
Place of Business
Defendants.
See Attached Full Caption Rider
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy
of your Answer—or, if the Complaint is not served with this Summons, to serve a Notice of
Appearance—on the plaintiffs’ attorney within 20 days after the service of this Summons, exclusive
of the day of service (or within 30 days after the service is complete ifthis Summons is not
personally delivered to you within the State of New York). In the case of your failure to appear or
answer, judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: January 5, 2023
New York, New York
THE LANIER LAW FIRM PLLC
Attorneys for Plaintiffs
126 E. 56th Street, 6th Floor
New York, New York 10022
Tel.: (212) 421‐2800
By: ________________________________
Darron E. Berquist, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK CITY
ASBESTOS LITIGATION
THIS DOCUMENT RELATES TO: Index No.:
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
SAAD, and FIRAS MOHAMMAD,
Plaintiffs,
FULL CAPTION RIDER
‐against‐
BARRETTS MINERALS INC.;
BEACON CMP CORP.;
BRENNTAG NORTH AMERICA INC. (individually and as
successor to Minerals and Pigment Solutions Inc.,
successor to Whittaker, Clark & Daniels Inc.);
BRENNTAG SPECIALTIES LLC (individually and as
successor to Minerals and Pigment Solutions Inc.,
successor to Whittaker, Clark & Daniels Inc.);
CHARLES B. CHRYSTAL COMPANY INC.;
COLGATE‐PALMOLIVE CO.;
GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS
(US) LLC (individually, d/b/a and as successor to
Yardley of London, Yardley of London Ltd., Yardley of
London (U.S.) LLC, SmithKline Beecham PLC and
Beecham Group LLC);
GLAXOSMITHKLINE LLC (individually, d/b/a and as
successor to Yardley of London, Yardley of London
Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham
PLC and Beecham Group LLC);
GSK CONSUMER HEALTH INC. (individually, d/b/a and as
successor to Yardley of London, Yardley of London
Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham
PLC and Beecham Group LLC);
LORNAMEAD INC. (individually and as successor to
Lornamead Acquisitions Ltd. and Lornamead Brands
Inc., d/b/a Yardley of London a/k/a Yardley);
PFIZER INC.;
PORT JERVIS LABORATORIES INC. (f/k/a Kolmar
Laboratories Inc.);
THE PROCTER & GAMBLE CO. (individually, d/b/a, and as
successor to Yardley of London Ltd., Yardley of London
a/k/a Yardley, Yardley of London Inc., and Yardley of
London (U.S.) LLC));
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WHITTAKER, CLARK & DANIELS INC. (individually, d/b/a,
and successor to Charles Mathieu Inc. [d/b/a Charles
Mathieu & Co. and Chas. Mathieu Inc.], American Talc
Company Inc., Metropolitan Talc Company Inc.,
Imperial Products Co. Inc., and Resource Processors
Inc.)
YARDLEY OF LONDON INC. (f/k/a Lentheric Inc. and
Lentheric Distributors Inc.);
YARDLEY OF LONDON LTD.,
Defendants.
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Defendants’ Addresses:
DEFENDANT SERVICE ADDRESS
Barretts Minerals Inc. c/o CT Corporation System (DOS ID: 1668192)
28 Liberty St.
New York, NY 10005
Beacon CMP Corp. 295 N. Michigan Ave., Ste. G
Kenilworth, NJ 07033
Brenntag North America Inc. c/o The Corporation Trust Co.
Corporation Trust Center
1209 Orange St.
Wilmington, DE 19801
Brenntag Specialties LLC c/o CT Corporation System (NJ ID: 0100922642)
820 Bear Tavern Rd.
West Trenton, NJ 08628
Charles B. Chrystal Company Inc. c/o NY Secretary of State (BCL 306) (DOS ID:
16095)
+
89 Coachlight Cir.
Prospect, CT 06712
Colgate‐Palmolive Co. c/o CT Corporation System
28 Liberty St.
New York, NY 10005
GlaxoSmithKline Consumer Healthcare c/o Corporation Service Co. (DOS ID: 4819733)
Holdings (US) LLC 80 State St.
Albany, NY 12207
GlaxoSmithKline LLC c/o Corporation Service Co. (DOS ID: 4051131)
80 State St.
Albany, NY 12207
GSK Consumer Health Inc. c/o Corporation Service Co. (DOS ID: 345033)
80 State St.
Albany, NY 12207
Lornamead Inc. c/o The Corporation Trust Co. (DE File No.:
3590853)
Corporation Trust Center
1209 Orange St.
Wilmington, DE 19801
Pfizer Inc. c/o CT Corporation System (DOS ID: 69033)
28 Liberty St.
New York, NY 10005
Port Jervis Laboratories Inc. c/o Capitol Services Inc.
1218 Central Ave., Ste. 100
Albany, NY 12205
The Procter & Gamble Co. c/o New York Secretary of State (B.C.L. § 307)
With Further Registered Mail Service Upon
CT Corporation System
440 Easton Commons Way, Ste. 125
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Columbus, OH 43219
Whittaker, Clark & Daniels Inc. c/o New York Secretary of State (B.C.L. § 306)
(DOS ID: 3024090)
and
c/o New York Secretary of State (B.C.L. § 307)
With Further Registered Mail Service Upon
Joseph K. Cobuzio, Esq.
Tompkins McGuire Wachenfeld & Barry LLP
3 Becker Farm Rd., 4th Fl.
Roseland, NJ 07068
Yardley of London Inc. c/o NY SOS (BCL 306)
Yardley of London Ltd. 9 Appold Street, 6th Floor
London EC2A 2AP
United Kingdom
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK CITY
ASBESTOS LITIGATION
THIS DOCUMENT RELATES TO:
Index No.:
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
SAAD, and FIRAS MOHAMMAD,
Plaintiffs,
‐against‐ VERIFIED COMPLAINT
BARRETTS MINERALS INC.;
BEACON CMP CORP.;
BRENNTAG NORTH AMERICA INC. (individually and as
successor to Minerals and Pigment Solutions Inc.,
successor to Whittaker, Clark & Daniels Inc.);
BRENNTAG SPECIALTIES LLC (individually and as
successor to Minerals and Pigment Solutions Inc.,
successor to Whittaker, Clark & Daniels Inc.);
CHARLES B. CHRYSTAL COMPANY INC.;
COLGATE‐PALMOLIVE CO.;
GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS
(US) LLC (individually, d/b/a and as successor to
Yardley of London, Yardley of London Ltd., Yardley of
London (U.S.) LLC, SmithKline Beecham PLC and
Beecham Group LLC);
GLAXOSMITHKLINE LLC (individually, d/b/a and as
successor to Yardley of London, Yardley of London
Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham
PLC and Beecham Group LLC);
GSK CONSUMER HEALTH INC. (individually, d/b/a and as
successor to Yardley of London, Yardley of London
Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham
PLC and Beecham Group LLC);
LORNAMEAD INC. (individually and as successor to
Lornamead Acquisitions Ltd. and Lornamead Brands
Inc., d/b/a Yardley of London a/k/a Yardley);
PFIZER INC.;
PORT JERVIS LABORATORIES INC. (f/k/a Kolmar
Laboratories Inc.);
THE PROCTER & GAMBLE CO. (individually, d/b/a, and as
successor to Yardley of London Ltd., Yardley of London
a/k/a Yardley, Yardley of London Inc., and Yardley of
London (U.S.) LLC));
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WHITTAKER, CLARK & DANIELS INC. (individually, d/b/a,
and successor to Charles Mathieu Inc. [d/b/a Charles
Mathieu & Co. and Chas. Mathieu Inc.], American Talc
Company Inc., Metropolitan Talc Company Inc.,
Imperial Products Co. Inc., and Resource Processors
Inc.)
YARDLEY OF LONDON INC. (f/k/a Lentheric Inc. and
Lentheric Distributors Inc.);
YARDLEY OF LONDON LTD.;
Defendants
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Plaintiff, DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS
MOHAMMAD, by and through their attorneys, the Lanier Law Firm PLLC, upon information and
belief, at all times hereinafter mentioned, alleges as follows:
THE PARTIES
1. NEWAL AL SAAD, deceased, was diagnosed with malignant mesothelioma on or
about January 26, 2021. Exhibit A. NEWAL AL SAAD was informed of said diagnosis sometime
thereafter.
2. NEWAL AL SAAD died from malignant mesothelioma on March 24, 2021. Exhibit B.
3. On December 28, 2022, DAN ALBASRY, a resident of Ontario, Canada, was duly
appointed Trustee of the Estate of NEWAL AL SAAD by the Ontario Superior Court of Justice. Exhibit
C.
4. Plaintiff, FIRAS MOHAMMAD, is the surviving spouse of NEWAL AL SAAD and is a
resident of Ontario, Canada.
5. NEWAL AL SAAD, was a resident of Ontario, Canada, at the time of her death on
March 24, 2021.
6. BARRETTS MINERALS INC. is a Delaware corporation with a principal place of business
in New York. BARRETTS MINERALS INC. mined, milled, processed, imported, designed, manufactured,
assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce
asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan,
New York and elsewhere.
7. BEACON CMP CORP. is a New Jersey corporation with a principal place of business in
New Jersey. BEACON CMP CORP. mined, milled, processed, imported, designed, manufactured,
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assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce
asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan,
New York and elsewhere.
8. BRENNTAG NORTH AMERICA INC. is a Delaware corporation with a principal place of
business in Pennsylvania. BRENNTAG NORTH AMERICA INC. mined, milled, processed, imported,
designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in
the stream of commerce asbestos1‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Michigan, New York and elsewhere.
9. BRENNTAG SPECIALTIES LLC is a Delaware corporation with a principal place of
business in Pennsylvania. CHARLES B. CHRYSTAL COMPANY INC. mined, milled, processed, imported,
designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in
the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Michigan, New York and elsewhere.
1
Unless indicated otherwise, “asbestos” shall be interpreted, not in a limited regulatory sense, but broadly and
include non‐regulated and non‐commercial forms of asbestos, all forms of elongate mineral particles,fibrous
minerals, fibrous talc, cleavage fragments of amphiboles, individual fibers, bundles, fibrils and
transition/transitionalfibers. “Asbestiform” shall also be interpreted broadly and without particular limitation
regarding fiber size,length, dimension, ratio, presence of multiple fibers, or geologic origin or “habit.” The
foregoing notwithstanding, “asbestos” also includes talc, whether or not known or acknowledged by defendants to
contain asbestiform minerals or other elongate mineral particles.See, e.g., Egilman, et al.,Health Effects of
Censored Elongated Mineral Particles:A CriticalReview, Detection Limits in Air Quality and Environmental
Measurements (STP 1618, 2019; doi: 10.1520/STP161820180080) (Nov. 15, 2019) (Exhibit D); Tran, et al., The
Definition of Asbestos – A Manufactured Defense to Avoid Regulation and Victim Compensation, Medical Research
Archives 10(6) (June 30, 2022) (Exhibit E); January 6, 2020, Executive Summary of Preliminary Recommendations
on Testing Methods for Asbestos in Talc and Consumer Products Containing Talc (available at
https://www.fda.gov/media/134005/download) (“The difficulty of identifying and quantifying individual asbestos
or other mineral particles present at low concentrations in talc is compounded by the presence of non‐asbestiform
analogs with the same elemental composition and crystal structure, but different growth habit. Using TEM,
differentiation of chrysotile from non‐asbestiform serpentine analogs is relatively straightforward; however, each
of the non‐asbestiform amphiboles can disaggregate into particles resembling asbestiform fibers, giving rise to
disputes between laboratories over whether elongate amphibole particles are truly asbestos, or are particles
resulting from attrition of larger particles of a non‐asbestiform analog. Because both types of elongate minerals
are suspected of having biologicalactivity with similar pathological outcomes, the distinctionis irrelevant…”);
White Paper: IWGACP Scientific Opinions on Testing Methods for Asbestos is Cosmetic Products Containing Talc
(December 2021) (https://www.regulations.gov/document/FDA‐2020‐N‐0025‐0053).
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10. CHARLES B. CHRYSTAL COMPANY INC. is a New York corporation with a principal place
of business in New York. CHARLES B. CHRYSTAL COMPANY INC. mined, milled, processed, imported,
designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in
the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Michigan, New York and elsewhere.
11. COLGATE‐PALMOLIVE CO. is a Delaware corporation with a principal place of business
in New York. COLGATE‐PALMOLIVE CO. mined, milled, processed, imported, designed, manufactured,
assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce
asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan,
New York and elsewhere.
12. GLAXOSMITHKLINE CONSUMER HEALTHCARE (US) LLC is a Delaware corporation with
principal places of business in Pennsylvania and North Carolina. GLAXOSMITHKLINE CONSUMER
HEALTHCARE (US) LLC mined, milled, processed, imported, designed, manufactured, assembled,
marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐
containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New
York and elsewhere.
13. GLAXOSMITHKLINE LLC is a Delaware corporation with a principal places of business in
Pennsylvania and North Carolina. GLAXOSMITHKLINE LLC mined, milled, processed, imported,
designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in
the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Iraq, Michigan, New York and elsewhere.
14. GSK CONSUMER HEALTH INC. is a Delaware corporation with a principle place of
business in New Jersey. GSK CONSUMER HEALTH INC. mined, milled, processed, imported, designed,
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manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream
of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California,
Canada, Iraq, Michigan, New York and elsewhere.
15. LORNAMEAD INC. is a Delaware corporation with a principal place of business in
New York. LORNAMEAD INC. mined, milled, processed, imported, designed, manufactured,
assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce
asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq,
Michigan, New York and elsewhere.
16. PFIZER INC. is a Delaware corporation with a principal place of business in New York.
PFIZER INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed,
supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing
products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and
elsewhere.
17. PORT JERVIS LABORATORIES INC. is a Delaware corporation with a principal place of
business in New York. PORT JERVIS LABORATORIS INC. mined, milled, processed, imported, designed,
manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream
of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California,
Canada, Michigan, New York and elsewhere.
18. THE PROCTER GAMBLE & CO. is an Ohio corporation with a principal place of business
in Ohio. THE PROCTER GAMBLE & CO. mined, milled, processed, imported, designed, manufactured,
assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce
asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq,
Michigan, New York and elsewhere.
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19. WHITTAKER, CLARK & DANIELS INC. is a New Jersey and New York corporation with
principal places of business in New York and New Jersey. WHITTAKER, CLARK & DANIELS INC. mined,
milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold
and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL
SAAD was exposed in California, Canada, Michigan, New York and elsewhere.
20. YARDLEY OF LONDON INC. is a Delaware corporation with a principal place of
business in New York. YARDLEY OF LONDON INC. mined, milled, processed, imported, designed,
manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the
stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Iraq, Michigan, New York and elsewhere.
21. YARDLEY OF LONDON LTD. is a United Kingdom corporation with a principal place of
business in the United Kingdom. YARDLEY OF LONDON LTD. mined, milled, processed, imported,
designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in
the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in
California, Canada, Iraq, Michigan, New York and elsewhere.
22. Defendants, including, but not limited to, those with predecessors specifically
identified in the caption, are in a superior position—and have knowledge and information not
available to plaintiffs—to determine whether they have, or may have, liability, whether directly or
by operation of law, for the asbestos‐containing products identified in the course of discovery.
Therefore, if evidence that NEWAL AL SAAD was exposed to an asbestos‐containing product for
which a defendant has liability,may have liability,or by operation of law may have liability,
plaintiffs assert allof the allegations herein against said defendant in relation to said asbestos‐
containing product.
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23. For any defendant named as a “successor,” a “successor in interest,” or “doing
business as,” plaintiffs further allege that the named defendant is or was during the relevant time
period the alter ego of the entity or entities that caused plaintiffs’ injuries such that its corporate
“veil” is or should be deemed pierced by virtue of any or several of the following factors: (i) absence
of corporate formalities; (ii) inadequate capitalization, (iii) the defendant’s siphoning of funds from
the entity, (iv) lack of significant business discretion on the part of the entity, and/or (v) the creation
of the entity to fraudulently avoid liabilities to creditors, including, but not limited to, plaintiffs
herein.
24. If it is deemed that Article 16 of the C.P.L.R. applies to this action, plaintiffs assert
that this action falls within one or more of the exceptions set forth in C.P.L.R. § 1602, including, but
not limited to, the exception for public employees (C.P.L.R. § 1602(1)(b)); the exception based upon
defendants’ non‐delegable duty to warn of the health hazards of asbestos (C.P.L.R. § 1602(2)(iv));
the exception for cases in which a claimant suffers a "grave injury” (C.P.L.R. § 1602(4)); the
exception for actions requiring proof of intent (C.P.L.R. § 1602(5)); the exception for cases in which
a person is held liable for causing a claimant’s injury by having acted with reckless disregard for the
safety of others (C.P.L.R. § 1602(7)); the exception for cases in which a defendant is held liable by
reason of the applicability of Article 10 of the Labor Law (C.P.L.R. § 1602(8)); the exception for cases
involving any person held liable for causing a claimant’s injury by having unlawfully released into
the environment a substance hazardous to public health, safety or the environment (C.P.L.R. §
1602(9)); the exception for any parties found to have acted knowingly or intentionally and in
concert to cause the acts or failure upon which liability is based (C.P.L.R. § 1602(11)); and the
exception for persons held liable in a product liabilityaction in which the manufacturer of the
product is not a party to the action and jurisdiction over the manufacturer could not with due
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diligence be obtained (C.P.L.R. § 1601(10)).
25. The amount of damages sought exceeds the jurisdiction of all lower courts that
might otherwise have jurisdiction.
FIRST CAUSE OF ACTION: NEGLIGENCE
26. Plaintiffs repeat, reiterate and incorporate herein by reference the prior and
subsequent allegations of this complaint with the same force and effect as if hereinafter set forth
at length.
27. Defendants mined, milled, processed, imported, designed, manufactured, assembled,
marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce (hereinafter
“manufactured”) products that contained asbestos.
28. Defendants had a duty to manufacture products that were not unreasonably
dangerous or defective when used as intended or in a reasonably foreseeable manner.
29. Defendants had a duty to warn plaintiffs of the hazards and defects that defendants
created, knew of and, within the exercise of reasonable care, should have known about.
30. During the time that defendants manufactured the products at issue, they knew,
and in the exercise of reasonable care should have known, that said products were defective,
ultrahazardous, dangerous and otherwise highly harmful to the public, including NEWAL AL SAAD.
31. Defendants knew, and in the exercise of reasonable care should have known, that
their products would be used, manipulated, consumed or otherwise handled, resulting in the
release of asbestos and thereby creating a dangerous and unreasonable risk of injury to users and
others coming into contact with said products, including NEWAL AL SAAD, either directly or
indirectly.
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32. Plaintiffs did not know the nature and extent of the injuries that would result from
contact with and exposure to asbestos from use of or exposure to defendants’ products.
33. Defendants knew, and in the exercise of reasonable care should have known, that
NEWAL AL SAAD would come into contact with and be exposed to asbestos from use of or exposure
to their products and would inhale and/or otherwise ingest asbestos as a result of the ordinary and
foreseeable use of said products.
34. Despite the facts as set forth above, defendants negligently, recklessly, intentionally
and with wanton disregard for plaintiffs’ rights, safety or health:
(a) manufactured products that defendants knew, and in the exercise of reasonable
care should have known, were defective, dangerous, ultrahazardous and otherwise
unreasonably harmful to NEWAL AL SAAD as a result of exposure to asbestos;
(b) failed to take reasonable precautions or exercise reasonable care to adequately
warn individuals, including plaintiffs, of the risks, dangers and harms to which they
would be subjected by exposure to asbestos from the use of or other exposure to
defendants’ products;
(c) failed to provide information or reasonably safe and sufficient safeguards necessary
to protect plaintiffs from being injured as a result of exposure to asbestos from the
ordinary and foreseeable use of or other exposure to defendants’ products;
(d) failed to place, post or otherwise convey any warnings (or sufficient warnings)
regarding the health hazards associated with exposure to asbestos from the use of or
other exposure to their products;
(e) failed to test or analyze (or adequately test or analyze) their products in order to
ascertain the extent of potential asbestos hazards related therewith;
(f) failed to recommend methods, procedures, practices and protocols to prevent or
minimize exposure to asbestos from the use of or other exposure to their products;
(g) misrepresented or failed to disclose that their products contained asbestos or
otherwise caused, permitted or exacerbated exposure to asbestos, thus denying
plaintiffs and the public of the knowledge required to take necessary safety
precautions while using or otherwise being exposed to defendants’ products;
(h) continued to manufacture products despite knowing of the asbestos‐related health
hazards associated therewith;
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(i) failed to conduct research that should have been conducted in the exercise of
reasonable care in order to ascertain the presence of asbestos in their products and
the health hazards associated with asbestos exposure;
(j) failed to package their products in a manner that would ensure that individuals,
including NEWAL AL SAAD, would not inhale and/or otherwise ingest asbestos from
the ordinary and foreseeable use of their products;
(k) failed to advise individuals, including plaintiffs, to adopt and enforce a safe,
sufficient and proper methods and plans of using, handling, coming into contact
with or otherwise being exposed to asbestos from the use of or other exposure to
defendants’ products so that NEWAL AL SAAD would not inhale and/or otherwise
ingest asbestos through the ordinary and foreseeable the use of or other exposure to
defendants’ products;
(l) ignored and suppressed medical and scientific information, studies, tests, data and
literature concerning the health risks associated with exposure to asbestos,
including from the use of or other exposure to their products;
(m) ignored and suppressed medical and scientific information, studies, tests, data and
literature concerning the causal relationship between the inhalation and ingestion
of asbestos and disease, including, but not limited to, mesothelioma;
(n) subjected NEWAL AL SAAD and other persons similarly situated to the risk of
developing disease, which risk defendant knew, and in the exercise of reasonable
care should have known, were consequences of exposure to asbestos;
(o) failed to seek substitute materials in lieu of the use of talc, asbestos and/or
asbestos‐containing materials;
(p) failed to advise NEWAL AL SAAD, who defendants knew, and in the exercise of
reasonable care should have known, had been exposed to asbestos from the
ordinary and foreseeable the use of or other exposure to their products: (i) to cease
further uncontrolled or unprotected exposure to said products and the inhalation
and/or ingestion of asbestos therefrom; (ii) to be examined by medical professionals
to determine the nature and extent of any diseases caused by inhalation and/or
ingestion of asbestos; and (iii)to receive medical care and treatment for such
diseases;
(q) failed, upon discovery of the dangers, hazards and potentialities of exposure to
asbestos, to adequately warn plaintiffs of same;
(r) generally engaged in unreasonable, careless, negligent and reckless conduct in
manufacturing products that substantially contributed to NEWAL AL SAAD’s
asbestos exposure and plaintiffs’ resulting injuries; and
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FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: Index No.: DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, SUMMONS Plaintiffs, Plaintiffs designate NEW YORK ‐against‐ County as the Place of Trial BARRETTS MINERALS INC., et al. The Basis of Venue is Defendants’ Place of Business Defendants. See Attached Full Caption Rider TO THE ABOVE NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer—or, if the Complaint is not served with this Summons, to serve a Notice of Appearance—on the plaintiffs’ attorney within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete ifthis Summons is not personally delivered to you within the State of New York). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: January 5, 2023 New York, New York THE LANIER LAW FIRM PLLC Attorneys for Plaintiffs 126 E. 56th Street, 6th Floor New York, New York 10022 Tel.: (212) 421‐2800 By: ________________________________ Darron E. Berquist, Esq. 2520696_2 1 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: Index No.: DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, Plaintiffs, FULL CAPTION RIDER ‐against‐ BARRETTS MINERALS INC.; BEACON CMP CORP.; BRENNTAG NORTH AMERICA INC. (individually and as successor to Minerals and Pigment Solutions Inc., successor to Whittaker, Clark & Daniels Inc.); BRENNTAG SPECIALTIES LLC (individually and as successor to Minerals and Pigment Solutions Inc., successor to Whittaker, Clark & Daniels Inc.); CHARLES B. CHRYSTAL COMPANY INC.; COLGATE‐PALMOLIVE CO.; GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); GLAXOSMITHKLINE LLC (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); GSK CONSUMER HEALTH INC. (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); LORNAMEAD INC. (individually and as successor to Lornamead Acquisitions Ltd. and Lornamead Brands Inc., d/b/a Yardley of London a/k/a Yardley); PFIZER INC.; PORT JERVIS LABORATORIES INC. (f/k/a Kolmar Laboratories Inc.); THE PROCTER & GAMBLE CO. (individually, d/b/a, and as successor to Yardley of London Ltd., Yardley of London a/k/a Yardley, Yardley of London Inc., and Yardley of London (U.S.) LLC)); 2520696_2 2 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 WHITTAKER, CLARK & DANIELS INC. (individually, d/b/a, and successor to Charles Mathieu Inc. [d/b/a Charles Mathieu & Co. and Chas. Mathieu Inc.], American Talc Company Inc., Metropolitan Talc Company Inc., Imperial Products Co. Inc., and Resource Processors Inc.) YARDLEY OF LONDON INC. (f/k/a Lentheric Inc. and Lentheric Distributors Inc.); YARDLEY OF LONDON LTD., Defendants. 2520696_2 3 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 Defendants’ Addresses: DEFENDANT SERVICE ADDRESS Barretts Minerals Inc. c/o CT Corporation System (DOS ID: 1668192) 28 Liberty St. New York, NY 10005 Beacon CMP Corp. 295 N. Michigan Ave., Ste. G Kenilworth, NJ 07033 Brenntag North America Inc. c/o The Corporation Trust Co. Corporation Trust Center 1209 Orange St. Wilmington, DE 19801 Brenntag Specialties LLC c/o CT Corporation System (NJ ID: 0100922642) 820 Bear Tavern Rd. West Trenton, NJ 08628 Charles B. Chrystal Company Inc. c/o NY Secretary of State (BCL 306) (DOS ID: 16095) + 89 Coachlight Cir. Prospect, CT 06712 Colgate‐Palmolive Co. c/o CT Corporation System 28 Liberty St. New York, NY 10005 GlaxoSmithKline Consumer Healthcare c/o Corporation Service Co. (DOS ID: 4819733) Holdings (US) LLC 80 State St. Albany, NY 12207 GlaxoSmithKline LLC c/o Corporation Service Co. (DOS ID: 4051131) 80 State St. Albany, NY 12207 GSK Consumer Health Inc. c/o Corporation Service Co. (DOS ID: 345033) 80 State St. Albany, NY 12207 Lornamead Inc. c/o The Corporation Trust Co. (DE File No.: 3590853) Corporation Trust Center 1209 Orange St. Wilmington, DE 19801 Pfizer Inc. c/o CT Corporation System (DOS ID: 69033) 28 Liberty St. New York, NY 10005 Port Jervis Laboratories Inc. c/o Capitol Services Inc. 1218 Central Ave., Ste. 100 Albany, NY 12205 The Procter & Gamble Co. c/o New York Secretary of State (B.C.L. § 307) With Further Registered Mail Service Upon CT Corporation System 440 Easton Commons Way, Ste. 125 2520696_2 4 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 Columbus, OH 43219 Whittaker, Clark & Daniels Inc. c/o New York Secretary of State (B.C.L. § 306) (DOS ID: 3024090) and c/o New York Secretary of State (B.C.L. § 307) With Further Registered Mail Service Upon Joseph K. Cobuzio, Esq. Tompkins McGuire Wachenfeld & Barry LLP 3 Becker Farm Rd., 4th Fl. Roseland, NJ 07068 Yardley of London Inc. c/o NY SOS (BCL 306) Yardley of London Ltd. 9 Appold Street, 6th Floor London EC2A 2AP United Kingdom 2520696_2 5 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: Index No.: DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, Plaintiffs, ‐against‐ VERIFIED COMPLAINT BARRETTS MINERALS INC.; BEACON CMP CORP.; BRENNTAG NORTH AMERICA INC. (individually and as successor to Minerals and Pigment Solutions Inc., successor to Whittaker, Clark & Daniels Inc.); BRENNTAG SPECIALTIES LLC (individually and as successor to Minerals and Pigment Solutions Inc., successor to Whittaker, Clark & Daniels Inc.); CHARLES B. CHRYSTAL COMPANY INC.; COLGATE‐PALMOLIVE CO.; GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); GLAXOSMITHKLINE LLC (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); GSK CONSUMER HEALTH INC. (individually, d/b/a and as successor to Yardley of London, Yardley of London Ltd., Yardley of London (U.S.) LLC, SmithKline Beecham PLC and Beecham Group LLC); LORNAMEAD INC. (individually and as successor to Lornamead Acquisitions Ltd. and Lornamead Brands Inc., d/b/a Yardley of London a/k/a Yardley); PFIZER INC.; PORT JERVIS LABORATORIES INC. (f/k/a Kolmar Laboratories Inc.); THE PROCTER & GAMBLE CO. (individually, d/b/a, and as successor to Yardley of London Ltd., Yardley of London a/k/a Yardley, Yardley of London Inc., and Yardley of London (U.S.) LLC)); 2520696_2 6 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 WHITTAKER, CLARK & DANIELS INC. (individually, d/b/a, and successor to Charles Mathieu Inc. [d/b/a Charles Mathieu & Co. and Chas. Mathieu Inc.], American Talc Company Inc., Metropolitan Talc Company Inc., Imperial Products Co. Inc., and Resource Processors Inc.) YARDLEY OF LONDON INC. (f/k/a Lentheric Inc. and Lentheric Distributors Inc.); YARDLEY OF LONDON LTD.; Defendants 2520696_2 7 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 Plaintiff, DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, by and through their attorneys, the Lanier Law Firm PLLC, upon information and belief, at all times hereinafter mentioned, alleges as follows: THE PARTIES 1. NEWAL AL SAAD, deceased, was diagnosed with malignant mesothelioma on or about January 26, 2021. Exhibit A. NEWAL AL SAAD was informed of said diagnosis sometime thereafter. 2. NEWAL AL SAAD died from malignant mesothelioma on March 24, 2021. Exhibit B. 3. On December 28, 2022, DAN ALBASRY, a resident of Ontario, Canada, was duly appointed Trustee of the Estate of NEWAL AL SAAD by the Ontario Superior Court of Justice. Exhibit C. 4. Plaintiff, FIRAS MOHAMMAD, is the surviving spouse of NEWAL AL SAAD and is a resident of Ontario, Canada. 5. NEWAL AL SAAD, was a resident of Ontario, Canada, at the time of her death on March 24, 2021. 6. BARRETTS MINERALS INC. is a Delaware corporation with a principal place of business in New York. BARRETTS MINERALS INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 7. BEACON CMP CORP. is a New Jersey corporation with a principal place of business in New Jersey. BEACON CMP CORP. mined, milled, processed, imported, designed, manufactured, 2520696_2 8 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 8. BRENNTAG NORTH AMERICA INC. is a Delaware corporation with a principal place of business in Pennsylvania. BRENNTAG NORTH AMERICA INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos1‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 9. BRENNTAG SPECIALTIES LLC is a Delaware corporation with a principal place of business in Pennsylvania. CHARLES B. CHRYSTAL COMPANY INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 1 Unless indicated otherwise, “asbestos” shall be interpreted, not in a limited regulatory sense, but broadly and include non‐regulated and non‐commercial forms of asbestos, all forms of elongate mineral particles,fibrous minerals, fibrous talc, cleavage fragments of amphiboles, individual fibers, bundles, fibrils and transition/transitionalfibers. “Asbestiform” shall also be interpreted broadly and without particular limitation regarding fiber size,length, dimension, ratio, presence of multiple fibers, or geologic origin or “habit.” The foregoing notwithstanding, “asbestos” also includes talc, whether or not known or acknowledged by defendants to contain asbestiform minerals or other elongate mineral particles.See, e.g., Egilman, et al.,Health Effects of Censored Elongated Mineral Particles:A CriticalReview, Detection Limits in Air Quality and Environmental Measurements (STP 1618, 2019; doi: 10.1520/STP161820180080) (Nov. 15, 2019) (Exhibit D); Tran, et al., The Definition of Asbestos – A Manufactured Defense to Avoid Regulation and Victim Compensation, Medical Research Archives 10(6) (June 30, 2022) (Exhibit E); January 6, 2020, Executive Summary of Preliminary Recommendations on Testing Methods for Asbestos in Talc and Consumer Products Containing Talc (available at https://www.fda.gov/media/134005/download) (“The difficulty of identifying and quantifying individual asbestos or other mineral particles present at low concentrations in talc is compounded by the presence of non‐asbestiform analogs with the same elemental composition and crystal structure, but different growth habit. Using TEM, differentiation of chrysotile from non‐asbestiform serpentine analogs is relatively straightforward; however, each of the non‐asbestiform amphiboles can disaggregate into particles resembling asbestiform fibers, giving rise to disputes between laboratories over whether elongate amphibole particles are truly asbestos, or are particles resulting from attrition of larger particles of a non‐asbestiform analog. Because both types of elongate minerals are suspected of having biologicalactivity with similar pathological outcomes, the distinctionis irrelevant…”); White Paper: IWGACP Scientific Opinions on Testing Methods for Asbestos is Cosmetic Products Containing Talc (December 2021) (https://www.regulations.gov/document/FDA‐2020‐N‐0025‐0053). 2520696_2 9 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 10. CHARLES B. CHRYSTAL COMPANY INC. is a New York corporation with a principal place of business in New York. CHARLES B. CHRYSTAL COMPANY INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 11. COLGATE‐PALMOLIVE CO. is a Delaware corporation with a principal place of business in New York. COLGATE‐PALMOLIVE CO. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 12. GLAXOSMITHKLINE CONSUMER HEALTHCARE (US) LLC is a Delaware corporation with principal places of business in Pennsylvania and North Carolina. GLAXOSMITHKLINE CONSUMER HEALTHCARE (US) LLC mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐ containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 13. GLAXOSMITHKLINE LLC is a Delaware corporation with a principal places of business in Pennsylvania and North Carolina. GLAXOSMITHKLINE LLC mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 14. GSK CONSUMER HEALTH INC. is a Delaware corporation with a principle place of business in New Jersey. GSK CONSUMER HEALTH INC. mined, milled, processed, imported, designed, 2520696_2 10 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 15. LORNAMEAD INC. is a Delaware corporation with a principal place of business in New York. LORNAMEAD INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 16. PFIZER INC. is a Delaware corporation with a principal place of business in New York. PFIZER INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 17. PORT JERVIS LABORATORIES INC. is a Delaware corporation with a principal place of business in New York. PORT JERVIS LABORATORIS INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 18. THE PROCTER GAMBLE & CO. is an Ohio corporation with a principal place of business in Ohio. THE PROCTER GAMBLE & CO. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 2520696_2 11 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 19. WHITTAKER, CLARK & DANIELS INC. is a New Jersey and New York corporation with principal places of business in New York and New Jersey. WHITTAKER, CLARK & DANIELS INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Michigan, New York and elsewhere. 20. YARDLEY OF LONDON INC. is a Delaware corporation with a principal place of business in New York. YARDLEY OF LONDON INC. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 21. YARDLEY OF LONDON LTD. is a United Kingdom corporation with a principal place of business in the United Kingdom. YARDLEY OF LONDON LTD. mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce asbestos‐containing products to which NEWAL AL SAAD was exposed in California, Canada, Iraq, Michigan, New York and elsewhere. 22. Defendants, including, but not limited to, those with predecessors specifically identified in the caption, are in a superior position—and have knowledge and information not available to plaintiffs—to determine whether they have, or may have, liability, whether directly or by operation of law, for the asbestos‐containing products identified in the course of discovery. Therefore, if evidence that NEWAL AL SAAD was exposed to an asbestos‐containing product for which a defendant has liability,may have liability,or by operation of law may have liability, plaintiffs assert allof the allegations herein against said defendant in relation to said asbestos‐ containing product. 2520696_2 12 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 23. For any defendant named as a “successor,” a “successor in interest,” or “doing business as,” plaintiffs further allege that the named defendant is or was during the relevant time period the alter ego of the entity or entities that caused plaintiffs’ injuries such that its corporate “veil” is or should be deemed pierced by virtue of any or several of the following factors: (i) absence of corporate formalities; (ii) inadequate capitalization, (iii) the defendant’s siphoning of funds from the entity, (iv) lack of significant business discretion on the part of the entity, and/or (v) the creation of the entity to fraudulently avoid liabilities to creditors, including, but not limited to, plaintiffs herein. 24. If it is deemed that Article 16 of the C.P.L.R. applies to this action, plaintiffs assert that this action falls within one or more of the exceptions set forth in C.P.L.R. § 1602, including, but not limited to, the exception for public employees (C.P.L.R. § 1602(1)(b)); the exception based upon defendants’ non‐delegable duty to warn of the health hazards of asbestos (C.P.L.R. § 1602(2)(iv)); the exception for cases in which a claimant suffers a "grave injury” (C.P.L.R. § 1602(4)); the exception for actions requiring proof of intent (C.P.L.R. § 1602(5)); the exception for cases in which a person is held liable for causing a claimant’s injury by having acted with reckless disregard for the safety of others (C.P.L.R. § 1602(7)); the exception for cases in which a defendant is held liable by reason of the applicability of Article 10 of the Labor Law (C.P.L.R. § 1602(8)); the exception for cases involving any person held liable for causing a claimant’s injury by having unlawfully released into the environment a substance hazardous to public health, safety or the environment (C.P.L.R. § 1602(9)); the exception for any parties found to have acted knowingly or intentionally and in concert to cause the acts or failure upon which liability is based (C.P.L.R. § 1602(11)); and the exception for persons held liable in a product liabilityaction in which the manufacturer of the product is not a party to the action and jurisdiction over the manufacturer could not with due 2520696_2 13 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 diligence be obtained (C.P.L.R. § 1601(10)). 25. The amount of damages sought exceeds the jurisdiction of all lower courts that might otherwise have jurisdiction. FIRST CAUSE OF ACTION: NEGLIGENCE 26. Plaintiffs repeat, reiterate and incorporate herein by reference the prior and subsequent allegations of this complaint with the same force and effect as if hereinafter set forth at length. 27. Defendants mined, milled, processed, imported, designed, manufactured, assembled, marketed, supplied, distributed, sold and/or otherwise placed in the stream of commerce (hereinafter “manufactured”) products that contained asbestos. 28. Defendants had a duty to manufacture products that were not unreasonably dangerous or defective when used as intended or in a reasonably foreseeable manner. 29. Defendants had a duty to warn plaintiffs of the hazards and defects that defendants created, knew of and, within the exercise of reasonable care, should have known about. 30. During the time that defendants manufactured the products at issue, they knew, and in the exercise of reasonable care should have known, that said products were defective, ultrahazardous, dangerous and otherwise highly harmful to the public, including NEWAL AL SAAD. 31. Defendants knew, and in the exercise of reasonable care should have known, that their products would be used, manipulated, consumed or otherwise handled, resulting in the release of asbestos and thereby creating a dangerous and unreasonable risk of injury to users and others coming into contact with said products, including NEWAL AL SAAD, either directly or indirectly. 2520696_2 14 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 32. Plaintiffs did not know the nature and extent of the injuries that would result from contact with and exposure to asbestos from use of or exposure to defendants’ products. 33. Defendants knew, and in the exercise of reasonable care should have known, that NEWAL AL SAAD would come into contact with and be exposed to asbestos from use of or exposure to their products and would inhale and/or otherwise ingest asbestos as a result of the ordinary and foreseeable use of said products. 34. Despite the facts as set forth above, defendants negligently, recklessly, intentionally and with wanton disregard for plaintiffs’ rights, safety or health: (a) manufactured products that defendants knew, and in the exercise of reasonable care should have known, were defective, dangerous, ultrahazardous and otherwise unreasonably harmful to NEWAL AL SAAD as a result of exposure to asbestos; (b) failed to take reasonable precautions or exercise reasonable care to adequately warn individuals, including plaintiffs, of the risks, dangers and harms to which they would be subjected by exposure to asbestos from the use of or other exposure to defendants’ products; (c) failed to provide information or reasonably safe and sufficient safeguards necessary to protect plaintiffs from being injured as a result of exposure to asbestos from the ordinary and foreseeable use of or other exposure to defendants’ products; (d) failed to place, post or otherwise convey any warnings (or sufficient warnings) regarding the health hazards associated with exposure to asbestos from the use of or other exposure to their products; (e) failed to test or analyze (or adequately test or analyze) their products in order to ascertain the extent of potential asbestos hazards related therewith; (f) failed to recommend methods, procedures, practices and protocols to prevent or minimize exposure to asbestos from the use of or other exposure to their products; (g) misrepresented or failed to disclose that their products contained asbestos or otherwise caused, permitted or exacerbated exposure to asbestos, thus denying plaintiffs and the public of the knowledge required to take necessary safety precautions while using or otherwise being exposed to defendants’ products; (h) continued to manufacture products despite knowing of the asbestos‐related health hazards associated therewith; 2520696_2 15 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/05/2023 (i) failed to conduct research that should have been conducted in the exercise of reasonable care in order to ascertain the presence of asbestos in their products and the health hazards associated with asbestos exposure; (j) failed to package their products in a manner that would ensure that individuals, including NEWAL AL SAAD, would not inhale and/or otherwise ingest asbestos from the ordinary and foreseeable use of their products; (k) failed to advise individuals, including plaintiffs, to adopt and enforce a safe, sufficient and proper methods and plans of using, handling, coming into contact with or otherwise being exposed to asbestos from the use of or other exposure to defendants’ products so that NEWAL AL SAAD would not inhale and/or otherwise ingest asbestos through the ordinary and foreseeable the use of or other exposure to defendants’ products; (l) ignored and suppressed medical and scientific information, studies, tests, data and literature concerning the health risks associated with exposure to asbestos, including from the use of or other exposure to their products; (m) ignored and suppressed medical and scientific information, studies, tests, data and literature concerning the causal relationship between the inhalation and ingestion of asbestos and disease, including, but not limited to, mesothelioma; (n) subjected NEWAL AL SAAD and other persons similarly situated to the risk of developing disease, which risk defendant knew, and in the exercise of reasonable care should have known, were consequences of exposure to asbestos; (o) failed to seek substitute materials in lieu of the use of talc, asbestos and/or asbestos‐containing materials; (p) failed to advise NEWAL AL SAAD, who defendants knew, and in the exercise of reasonable care should have known, had been exposed to asbestos from the ordinary and foreseeable the use of or other exposure to their products: (i) to cease further uncontrolled or unprotected exposure to said products and the inhalation and/or ingestion of asbestos therefrom; (ii) to be examined by medical professionals to determine the nature and extent of any diseases caused by inhalation and/or ingestion of asbestos; and (iii)to receive medical care and treatment for such diseases; (q) failed, upon discovery of the dangers, hazards and potentialities of exposure to asbestos, to adequately warn plaintiffs of same; (r) generally engaged in unreasonable, careless, negligent and reckless conduct in manufacturing products that substantially contributed to NEWAL AL SAAD’s asbestos exposure and plaintiffs’ resulting injuries; and 2520696_2 16 of 51 FILED: NEW YORK COUNTY CLERK 01/05/2023 02:28 PM INDEX NO. 190002/2023 NYSCEF