On October 28, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Emilio Tucci,
Marta Tucci,
and
Ashland, Llc. F K A Ashland, Inc.,,
Basf Corporation, Individually And As Successor In Interest To Inmont Corporation And D B A Basf-Inmont, Successor In Interest To And D B A Glasurit And R-M Company F K A Rinshed Mason Company,
E.I. Du Pont De Nemours & Company,
Icc Chemical Corporation,
Ppg Industries, Inc.,
Shell Oil Company,
Sunoco, Llc F K A Sunoco, Inc.,
Texaco, Inc.,
Univar Usa, Inc. F K A Chemcentral Corp., And Van Waters & Rodgers, Inc.,
for Torts - Other (Exposure to benzene)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023
Exhibit “A”
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--.......____.----------------------- x
EMILIO TUCCI and MARTA TUCCI :
Plaintiffs, : Index No. 159245/2022
vs. :
ASHLAND, LLC. f/k/a ASHLAND, INC., et al., : AFFIDAVIT OF MICHAEL J.
Defendants. : SWEENEY
- -.__- ----- ------------------ -------- X
I, Michael J. Sweeney, Esquire in support of the Motion seeking admission before this
Court pro hacvice as co-counsel for Defendant, PPG INDUSTRIES, INC. ("PPG"), in this matter
certifies and states as follows:
1. I am a shareholder in the law firm of Dickie McCamey & Chilcote, P.C. I
maintain my regular office for the practice of law at Two PPG Place, Suite 400, Pittsburgh,
Pennsylvania 15222. I am a shareholder in the firm's Toxic Tort Litigation Practice Group.
2. I am a member in good standing of the Bar of the Commonwealth of
Pennsylvania, and annexed hereto is a copy of a current certificate of good standing with the
Bar of the Commonwealth.
3. I am also admitted to practice before the United States Court of Appeals for the
7th Circuit, the United States District Court for the Western District of Pennsylvania, the
United States District Court for the Eastern District of Michigan, and the United States District
Court for the Central District of Illinois.
4. I am not under suspension or disbarment in any Court nor have I been the
subject of any disciplinary action by any Court or administrative body.
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023
5. Co-Counsel for Defendant in this matter will be Steven E. Garry, Esquire, an
at the law firm of Shea & Gaffney 100 Merrick East -
attorney Costello, LLP, Road, Building
Suite 218, Rockville Centre, NY 11570.
6. I have been asked by our client to act as co-counsel in this matter. This case
involves complex areas of law in which I have practiced during my 37 years of practice. I
have litigated such cases in those Courts in which I am admitted to practice, as well as other
Courts in which I have been admitted pro hac vice.
7. I have familiarized myself with the New York Court Rules and will at all times
conduct myself in accordance with such rules during the conduct of this case.
8. All notices, orders and pleadings may be served upon Steven E. Garry, Esquire,
Shea & Gaffney 100 Merrick East - Suite Rockville
Costello, LLP, Road, Building 218, Centre,
NY 11570. I understand that only an attorney-at-law of this Court may sign papers, enter
appearances for parties, sign stipulations or sign and receive payments on judgment,
decrees, or orders.
9. I understand that if I am admitted pro hac vice to this Court, I am within its
disciplinary jurisdiction and voluntarily consent to the same and certify that I will abide with
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023
all rules, regulations and orders of this Court.
By:
ic ael J. Sweene , Esquire
Dated:
SUBSCRIBED AND SWORN TO BEFORE ME on this the of Ê/2 023, to
day
certify which witness m h d and offi al seal
NOTARY PUBLIC
lv
ó Commission Expires:
Commonwealth of Pennsylvania - Notary Seal
Kathleen B. Dowd, Notary Public
Allegheny County
My commission expires February3,2024
Commission number 1042140
Member, Pennsylvania Association of Notaries
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023
ébupreme ¬ourt of enn@Ibania
CERTIFICATE OF GOOD STANDING
Michael Joseph Sweeney, Esq.
DATE OF ADMISSION
October 31, 1985
The above named attorney was duly admitted to the bar of the Commonwealth of
Pennsylvania, and is now a qualified member in good standing.
Witness my hand and official seal
Dated: January 25, 2023
Nicole Traini
Chief Clerk
Preview
FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023 Exhibit “A” FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --.......____.----------------------- x EMILIO TUCCI and MARTA TUCCI : Plaintiffs, : Index No. 159245/2022 vs. : ASHLAND, LLC. f/k/a ASHLAND, INC., et al., : AFFIDAVIT OF MICHAEL J. Defendants. : SWEENEY - -.__- ----- ------------------ -------- X I, Michael J. Sweeney, Esquire in support of the Motion seeking admission before this Court pro hacvice as co-counsel for Defendant, PPG INDUSTRIES, INC. ("PPG"), in this matter certifies and states as follows: 1. I am a shareholder in the law firm of Dickie McCamey & Chilcote, P.C. I maintain my regular office for the practice of law at Two PPG Place, Suite 400, Pittsburgh, Pennsylvania 15222. I am a shareholder in the firm's Toxic Tort Litigation Practice Group. 2. I am a member in good standing of the Bar of the Commonwealth of Pennsylvania, and annexed hereto is a copy of a current certificate of good standing with the Bar of the Commonwealth. 3. I am also admitted to practice before the United States Court of Appeals for the 7th Circuit, the United States District Court for the Western District of Pennsylvania, the United States District Court for the Eastern District of Michigan, and the United States District Court for the Central District of Illinois. 4. I am not under suspension or disbarment in any Court nor have I been the subject of any disciplinary action by any Court or administrative body. FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023 5. Co-Counsel for Defendant in this matter will be Steven E. Garry, Esquire, an at the law firm of Shea & Gaffney 100 Merrick East - attorney Costello, LLP, Road, Building Suite 218, Rockville Centre, NY 11570. 6. I have been asked by our client to act as co-counsel in this matter. This case involves complex areas of law in which I have practiced during my 37 years of practice. I have litigated such cases in those Courts in which I am admitted to practice, as well as other Courts in which I have been admitted pro hac vice. 7. I have familiarized myself with the New York Court Rules and will at all times conduct myself in accordance with such rules during the conduct of this case. 8. All notices, orders and pleadings may be served upon Steven E. Garry, Esquire, Shea & Gaffney 100 Merrick East - Suite Rockville Costello, LLP, Road, Building 218, Centre, NY 11570. I understand that only an attorney-at-law of this Court may sign papers, enter appearances for parties, sign stipulations or sign and receive payments on judgment, decrees, or orders. 9. I understand that if I am admitted pro hac vice to this Court, I am within its disciplinary jurisdiction and voluntarily consent to the same and certify that I will abide with FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023 all rules, regulations and orders of this Court. By: ic ael J. Sweene , Esquire Dated: SUBSCRIBED AND SWORN TO BEFORE ME on this the of Ê/2 023, to day certify which witness m h d and offi al seal NOTARY PUBLIC lv ó Commission Expires: Commonwealth of Pennsylvania - Notary Seal Kathleen B. Dowd, Notary Public Allegheny County My commission expires February3,2024 Commission number 1042140 Member, Pennsylvania Association of Notaries FILED: NEW YORK COUNTY CLERK 02/02/2023 03:24 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 02/02/2023 ébupreme ¬ourt of enn@Ibania CERTIFICATE OF GOOD STANDING Michael Joseph Sweeney, Esq. DATE OF ADMISSION October 31, 1985 The above named attorney was duly admitted to the bar of the Commonwealth of Pennsylvania, and is now a qualified member in good standing. Witness my hand and official seal Dated: January 25, 2023 Nicole Traini Chief Clerk