On January 13, 2023 a
Answer
was filed
involving a dispute between
Kathleen Spezio,
Roger Paul Spezio Sr.,
and
3M Company,
Individually And As Successor To Minnesota Mining And Manufacturing Company,
Aii Acquisition Corporation, Llc
Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company,
Air & Liquid Systems Corporation
As Successor By Merger To Buffalo Pumps, Inc.,
Alcoa Inc.,
Individually And As Successor In Interest To Tilo Roofing Co.,
American Optical Corporation,
A.O. Smith Water Products,
Armstrong International, Inc.,
Atwood & Morrill Co., Inc.
D B A Weir Valves & Controls Usa Inc.,
Aurora Pump Company,
Avco Corporation,
A Textron Lycoming Division, Individually And As Successor To Lycoming Engines F K A Lycoming Manufacturing, Spencer Heater Company, And Spencer Heater Division Of Lycoming,
Bw Ip International Co.,
Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps,
Carrier Corporation,
Cbs Corporation,
A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,
Cleaver-Brooks Company
F K A Aqua-Chem, Inc.,
Columbia Boiler Company Of Pottstown,
Compudyne Corporation,
Individually And As Successor To York-Shipley,
Continental Motors Inc.,
Continental Motors Inc.
F K A Teledyne Continental Motors, Inc., Individually And As Successor To Continental Motors Inc. And Continental Motors Company,
Crown Boiler Co.,
Dean Pump Division,
Eaton Aeroquip, Inc.
F K A Aeroquip Corporation,
Ecr International, Inc.,
Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers And Pennco, Inc.,
Electrolux Home Products, Inc.,
Individually And As Successor To Tappan And Copes-Vulcan Company,
Flowserve Us, Inc.,
Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company,
Fmc Corporation,
Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company,
Gardner Denver, Inc.,
Individually And As Successor To Nash Engineering Company,
Gardner Denver Nash, Llc,
Individually And As Successor To Nash Engineering Company,
General Electric Company,
Goulds Pumps, Inc.,
Grinnell Corporation,
Hoffman New Yorker, Inc.,
Honeywell International, Inc.,
Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp.,
Howden Buffalo, Inc.,
Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan,
International Comfort Products Llc,
Individually And As Successor To Heil Heating And Cooling,
I.T.T. Industries, Inc.,
Individually And As Successor To Bell & Gossett,
Kohler Co.,
Lennox Industries, Inc.,
Individually And As Successor To Lennox Furnace Company And Ducane,
Mario & Dibono Plastering Co. Inc.,
Metropolitan Life Insurance Company,
New Yorker Boiler Company, Inc.,
Parker Hannifin Corporation,
Individually And As Successor By Merger To Stratoflex, Inc.,
Pratt & Whitney Measurement Systems, Inc.,
Pratt & Whitney Power Systems, Inc.,
Redco Corp.
F K A Crane Co.,
Rheem Manufacturing Company, Inc.,
Rockwell Automation, Inc.,
Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Companys Timken Silent Automatic Division,
Sid Harvey Industries, Inc.,
Sid Harvey Supply, Inc.,
Spence Engineering Company, Inc.,
Spencer Heater
A Lycoming Division Of Avco Corporation,
Spirax Sarco, Inc.,
Taco, Inc.,
Technify Motor
Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc. And Continental Motors Company,
Teledyne Technologies Inc.,
Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc., Continental Motors Company,
Texaco, Inc.,
Union Carbide Corporation,
United Technologies Corporation,
Individually And As Successor To Pratt & Whitney,
Velan Valve Corp.,
Warren Pumps Llc,
Individually And As Successor To The Quimby Pump Company,
Weil Mclain,
A Division Of Marley-Wylain Company,
William Powell Company,
York International Corporation,
Individually And As Successor To Frick Company,
for Torts - Asbestos
in the District Court of Ulster County.
Preview
FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
--------------------------------------------------------------x
Index No. EF2023-99
This Document Relates To:
ROGER PAUL SPEZIO, SR. and KATHLEEN SPEZIO,
Plaintiffs, VERIFIED ANSWER
vs.
3M COMPANY, Individually and as Successor to
Minnesota Mining and Manufacturing Company, et al.,
Defendants.
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ANSWER TO PLAINTIFFS’ ASBESTOS COMPLAINT AND AFFIRMATIVE
DEFENSES OF DEFENDANT GOULDS PUMPS LLC
Defendant Goulds Pumps LLC, formerly known as Goulds Pumps, Inc. (hereinafter
referred to as “Goulds”), as its Answer to Plaintiffs’ Asbestos Complaint (hereinafter referred to
as “Complaint”) and Affirmative Defenses, states as follows:
1–3. Goulds is without knowledge or information to form a belief as to the truth of the
allegations set forth in Paragraphs 1 through 3.
4–5. To the extent that the allegations in Paragraphs 4 and 5 are directed against
Goulds, Goulds denies the allegations. To the extent that Paragraphs 4 and 5 contain allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the allegation that
Goulds has conducted and/or transacted business in New York is a question of law to be
adjudicated by this Court.
6–33. Paragraphs 6 through 33 make no allegation against Goulds and therefore Goulds
makes no answer thereto.
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33. To the extent that Paragraph 33 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 33. To the extent that Paragraph 33 contains
allegations against entities other than Goulds, Goulds is without knowledge or information to form
a belief as to the truth of the allegations set forth against those entities. Further, the allegation that
Goulds has conducted and/or transacted business in New York is a question of law to be
adjudicated by this Court.
34–67. Paragraphs 34 through 67 make no allegation against Goulds and therefore
Goulds makes no answer thereto.
68–69. To the extent that Paragraphs 68 and 69 contain allegations against Goulds,
Goulds denies the allegations set forth in Paragraphs 68 and 69. To the extent that Paragraphs 68
and 69 contain allegations against entities other than Goulds, Goulds is without knowledge or
information to form a belief as to the truth of the allegations set forth against those entities. Further,
the allegation that Goulds has conducted and/or transacted business in New York is a question of
law to be adjudicated by this Court.
70–76. To the extent that the allegations in Paragraphs 70 through 76 are directed against
Goulds, Goulds denies the allegations. To the extent that Paragraphs 70 through 76 contain
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
AS AND FOR A FIRST CAUSE OF ACTION
77. Goulds repeats each and every answer contained in Paragraphs 1 through 76 of
this Answer herein with the same force and effect is as if fully set forth herein.
78–85. To the extent that Paragraphs 78 through 85, including subparagraphs (a)–(m) of
Paragraph 82, contain allegations against Goulds, Goulds denies the allegations. To the extent that
Paragraphs 78 through 85, including subparagraphs (a)–(m) of Paragraph 82, contain allegations
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against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities.
AS AND FOR A SECOND CAUSE OF ACTION
86. Goulds repeats each and every answer contained in Paragraphs 1 through 85 of
this Answer herein with the same force and effect is as if fully set forth herein.
87–90. To the extent that Paragraphs 87 through 90 contain allegations against Goulds,
Goulds denies the allegations set forth in Paragraphs 87 through 90. To the extent that Paragraphs
87 through 90 contain allegations against entities other than Goulds, Goulds is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth against those
entities.
AS AND FOR A THIRD CAUSE OF ACTION
91. Goulds repeats each and every answer contained in Paragraphs 1 through 90 of
this Answer herein with the same force and effect is as if fully set forth herein.
92–98. To the extent that Paragraphs 92 through 98 contain allegations against Goulds,
Goulds denies the allegations set forth in Paragraphs 92 through 98. To the extent that Paragraphs
92 through 98 contain allegations against entities other than Goulds, Goulds is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth against those
entities.
99. The allegations in Paragraph 99 are overly broad, vague, and lack foundation.
Therefore, to the extent that Paragraph 99 contains allegations against Goulds, Goulds denies the
allegations set forth in Paragraph 99. To the extent that Paragraph 99 contains allegations against
entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth against those entities.
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100. To the extent that Paragraph 100 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 100. To the extent that Paragraph 100 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
AS AND FOR A FOURTH CAUSE OF ACTION
101. Goulds repeats each and every answer contained in Paragraphs 1 through 100 of
this Answer herein with the same force and effect is as if fully set forth herein.
102–110. To the extent that Paragraphs 102 through 110 contain allegations against
Goulds, Goulds denies the allegations set forth in Paragraphs 102 through 110. To the extent that
Paragraphs 102 through 110 contain allegations against entities other than Goulds, Goulds is
without knowledge or information sufficient to form a belief as to the truth of the allegations set
forth against those entities.
111. To the extent that Paragraph 111, including subparagraphs (a)–(f), contains
allegations against Goulds, Goulds denies the allegations set forth in Paragraph 111, including
subparagraphs (a)–(f). To the extent that Paragraph 111, including subparagraphs (a)–(f), contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities. Further,
the applications of the New York Labor Law and the New York Industrial Code 12NYR are
questions of law to be determined by this Court.
112–117. To the extent that Paragraphs 112 through 117 contain allegations against
Goulds, Goulds denies the allegations set forth in Paragraphs 112 through 117. To the extent that
Paragraphs 112 through 117 contain allegations against entities other than Goulds, Goulds is
without knowledge or information sufficient to form a belief as to the truth of the allegations set
forth against those entities.
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118. The allegations in Paragraph 118 are overly broad, vague, and lack foundation.
Therefore, to the extent that Paragraph 118 contains allegations against Goulds, Goulds denies the
allegations set forth in Paragraph 118. To the extent that Paragraph 118 contains allegations against
entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief
as to the truth of the allegations set forth against those entities.
119. The application of the New York State Industrial Code 23 1.7 (g) and its
predecessor is a question of law to be determined by this Court; therefore Goulds denies the
allegations set forth in Paragraph 119 of the Complaint.
AS AND FOR A FIFTH CAUSE OF ACTION
120. Goulds repeats each and every answer contained in Paragraphs 1 through 119 of
this Answer herein with the same force and effect is as if fully set forth herein.
121–127. To the extent that Paragraphs 121 through 127 contain allegations against
Goulds, Goulds denies the allegations. To the extent that Paragraphs 121 through 127 contain
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
AS AND FOR A SIXTH CAUSE OF ACTION
128. Goulds repeats each and every answer contained in Paragraphs 1 through 128 of
this Answer herein with the same force and effect is as if fully set forth herein.
129–137. To the extent that Paragraphs 129 through 137 including subparagraphs (i)–
(iii) of Paragraph 136, contain allegations against Goulds, Goulds denies the allegations. To the
extent that Paragraphs 129 through 137 including subparagraphs (i)–(iii) of Paragraph 136, contain
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
138. Goulds denies the allegations in Paragraph 138.
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139–143. To the extent that Paragraphs 139 through 143 contain allegations against
Goulds, Goulds denies the allegations set forth in Paragraphs 139 through 143. To the extent that
Paragraphs 139 through 143 contain allegations against entities other than Goulds, Goulds is
without knowledge or information sufficient to form a belief as to the truth of the allegations set
forth against those entities.
AS AND FOR A SEVENTH CAUSE OF ACTION
144. Goulds repeats each and every answer contained in Paragraphs 1 through 143 of
this Answer herein with the same force and effect is as if fully set forth herein.
145. Goulds is without knowledge or information to form a belief as to the truth of the
allegations set forth in Paragraph 145.
146–151. To the extent that Paragraphs 146 through 151 contain allegations against
Goulds, Goulds denies the allegations set forth in Paragraphs 146 through 151. To the extent that
Paragraphs 146 through 151 contain allegations against entities other than Goulds, Goulds is
without knowledge or information sufficient to form a belief as to the truth of the allegations set
forth against those entities.
152. To the extent that Paragraph 152 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 152. To the extent that Paragraph 152 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities, Further,
the allegation that Goulds has conducted and/or transacted business in New York is a question of
law to be adjudicated by this Court.
153. To the extent that Paragraph 153 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 153. To the extent that Paragraph 153 contains
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allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
154. To the extent that Paragraph 154 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 154. To the extent that Paragraph 154 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities, Further
the applications of the New York Labor Law are questions of law to be determined by this Court.
155. To the extent that Paragraph 155 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 155. To the extent that Paragraph 155 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
156. To the extent that Paragraph 156 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 156. To the extent that Paragraph 156 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities, Further
the applications of the New York Labor Law are questions of law to be determined by this Court.
157. To the extent that Paragraph 157 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 157. To the extent that Paragraph 157 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
AS AND FOR AN EIGHTH CAUSE OF ACTION
158. Goulds repeats each and every answer contained in Paragraphs 1 through 157 of
this Answer herein with the same force and effect is as if fully set forth herein.
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159. To the extent that Paragraph 159 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 159. To the extent that Paragraph 159 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
160–161. To the extent that Paragraphs 160 and 161 contain allegations against
Goulds, Goulds denies the allegations set forth in Paragraphs 160 and 161. To the extent that
Paragraphs 160 and 161 contain allegations against entities other than Goulds, Goulds is without
knowledge or information to form a belief as to the truth of the allegations set forth against those
entities. Further, the allegation that Goulds has conducted and/or transacted business in New York
is a question of law to be adjudicated by this Court.
162–172. To the extent that Paragraphs 162 through 172 contain allegations against
Goulds, Goulds denies the allegations. To the extent that Paragraphs 162 through 172 contain
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
173. The substantive law governing this case is a question of law to be determined by
this Court; therefore Goulds makes no answer thereto.
AS AND FOR A NINTH CAUSE OF ACTION
174. Goulds repeats each and every answer contained in Paragraphs 1 through 173 of
this Answer herein with the same force and effect is as if fully set forth herein.
175–176. To the extent that Paragraphs 175 and 176 contain allegations against Goulds,
Goulds denies the allegations. To the extent that Paragraphs 175 and 176 contain allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 §§ 1601–1602 are questions of law to be determined by this Court.
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177. To the extent that Paragraph 177 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 177. To the extent that Paragraph 177 contains allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602, the general obligation law, and the public officer law are
questions of law to be determined by this Court.
178. To the extent that Paragraph 178 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 178. To the extent that Paragraph 178 contains allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602 and the workers’ compensation law are questions of law to be
determined by this Court.
179. To the extent that Paragraph 179 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 179. To the extent that Paragraph 179 contains allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602 are questions of law to be determined by this Court.
180. To the extent that Paragraph 180 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 180. To the extent that Paragraph 180 contains allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602 and the vehicle and traffic law are questions of law to be
determined by this Court.
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181. To the extent that Paragraph 181 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 181. To the extent that Paragraph 181 contains allegations
against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602 are questions of law to be determined by this Court.
182. To the extent that Paragraph 182 contains allegations against Goulds, Goulds denies
the allegations. To the extent that Paragraph 182 contains allegations against entities other than
Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of
the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16
§ 1602 and the labor law are questions of law to be determined by this Court.
183. To the extent that Paragraph 183 contains allegations against Goulds, Goulds denies
the allegations. To the extent that Paragraph 183 contains allegations against entities other than
Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of
the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16
§ 1602 and the environmental conservation law are questions of law to be determined by this Court.
184–185. To the extent that Paragraphs 184 and 185 contain allegations against Goulds,
Goulds denies the allegations set forth in Paragraphs 184 and 185. To the extent that Paragraphs
184 and 185 contain allegations against entities other than Goulds, Goulds is without knowledge
or information sufficient to form a belief as to the truth of the allegations set forth against those
entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the workers’
compensation law are questions of law to be determined by this Court.
186. To the extent that Paragraph 186 contains allegations against Goulds, Goulds denies
the allegations set forth in Paragraph 186. To the extent that Paragraph 186 contains allegations
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against entities other than Goulds, Goulds is without knowledge or information sufficient to form
a belief as to the truth of the allegations set forth against those entities. Further, the application of
NY Civ. Prac. L. Art. 16 § 1602, the general obligation law, and the workers’ compensation law
are questions of law to be determined by this Court.
AS AND FOR A TENTH CAUSE OF ACTION
187. Goulds repeats each and every answer contained in Paragraphs 1 through 186 of
this Answer herein with the same force and effect is as if fully set forth herein.
188. To the extent that Paragraph 188 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 188. To the extent that Paragraph 188 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient to form a belief as to the truth of the allegations set forth against those entities.
AS AND FOR A ELEVENTH CAUSE OF ACTION
189. Goulds repeats each and every answer contained in Paragraphs 1 through 188 of
this Answer herein with the same force and effect is as if fully set forth herein.
190. Paragraph 190 makes no allegation against Goulds and therefore Goulds makes
no answer thereto.
191. To the extent that Paragraph 191 contains allegations against Goulds, Goulds
denies the allegations set forth in Paragraph 191. To the extent that Paragraph 191 contains
allegations against entities other than Goulds, Goulds is without knowledge or information
sufficient form a belief as to the truth of the allegations set forth against those entities.
WHEREFORE, Defendant Goulds Pumps LLC denies that Plaintiffs are entitled to
compensatory and punitive damages and further requests that Plaintiffs’ claims be dismissed with
prejudice and any other relief this Honorable Court deems just.
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AFFIRMATIVE DEFENSES
First Defense
Plaintiffs’ Complaint fails to state a claim upon which relief may be granted.
Second Defense
Plaintiffs’ Complaint is barred by the applicable statute of repose or statute of limitations.
Third Defense
Any claim or cause of action Plaintiffs may have is barred, in whole or in part, by the
doctrines of laches, waiver, collateral estoppel, and/or res judicata.
Fourth Defense
Plaintiffs failed to plead the claims of fraud and conspiracy with proper specificity and, as
such, all claims premised on fraud and/or conspiracy must be dismissed.
Fifth Defense
The injuries and/or illnesses to Plaintiff, if any, are governed by the applicable Workers’
Compensation statutes and shall have constituted an industrial disability and Plaintiffs’ exclusive
remedy, if any, shall lie within the terms and ambit of said statute.
Sixth Defense
Plaintiffs’ claims and causes of action against Defendant are barred, in whole or in part,
because Defendant owed no legal duty to Plaintiffs or, if it owed such a legal duty, it did not breach
such duty.
Seventh Defense
The injuries allegedly sustained by Plaintiffs, if any, were proximately caused by Plaintiffs’
free and voluntary acts of knowingly and voluntarily placing himself in a position of danger and
thus assuming the risks ordinary incident to such acts.
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Eighth Defense
The injuries allegedly sustained by Plaintiff, if any, arose in whole or in part out of the
risks, hazards, and dangers incident to the occupation of Plaintiff all of which were open, obvious
and well known to Plaintiff, and the action is barred by Plaintiff’s assumption of the risks thereof.
Ninth Defense
This action is barred, in whole or in part, by the misuse, abuse, or substantial modification
of the product.
Tenth Defense
The negligent acts or omissions of Plaintiffs were the sole proximate cause or proximate
contributing cause of the injuries and damages of which Plaintiffs’ complains.
Eleventh Defense
Plaintiff contributed to his illness, either in whole or in part, by the use of other substances,
products, medications and drugs. To the extent that Plaintiff used any tobacco products, any
damages awarded should be reduced in whole or in part by the amount of his damages caused by
smoking.
Twelfth Defense
That the injuries and/or illnesses, if any, sustained by Plaintiffs were caused or contributed
to by the fault, neglect, and want of care on the part of Plaintiffs or of others for whose acts or
omissions or breach of legal duty Defendant is not liable.
Thirteenth Defense
Plaintiffs’ alleged damages were negligently caused in whole or in part by persons, firms,
corporations, or entities other than those parties before this Court and such negligence either bars
or comparatively reduces any possible recovery by Plaintiffs.
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Fourteenth Defense
Insofar as the Complaint alleges a cause of action accruing on or after September 1, 1975
to recover damages for personal injuries, the amount of damages recoverable thereon must be
diminished by reason of the culpable conduct attributable to Plaintiffs, including contributory
negligence and assumption of risk, in the proportion which the culpable conduct attributable to
Plaintiff bear to the culpable conduct which caused the damages.
Fifteenth Defense
If Plaintiffs suffered damages as a result of the allegations set forth in the Complaint, then
those damages were the result of intervening or superseding acts or omissions of persons other
than the Defendant.
Sixteenth Defense
If Plaintiffs suffered injuries as a proximate result of a condition of Defendant’s products,
any of Defendant’s products would have been supplied to an employer of Plaintiff. Such employer
was a knowledgeable and sophisticated user of said products, and thus Defendant had no further
legal duty to warn or instruct Plaintiff.
Seventeenth Defense
If any of the allegations of Plaintiff with respect to the defective condition of asbestos or
asbestos products are proven, then Plaintiff is barred from any recovery due to the fact that at all
relevant times there was no known substitute for asbestos or asbestos products.
Eighteenth Defense
The state of the medical and scientific knowledge at all relevant times was such that
Defendant neither knew nor could have known that its asbestos-containing products presented a
foreseeable risk of harm to any person in the normal and expected use of those products.
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Nineteenth Defense
To the extent that Defendant conformed to the scientific knowledge and research data
available throughout the industry and scientific community, Defendant shall have fulfilled its
obligations, if any, herein, and Plaintiffs’ claims shall be barred, in whole or in part.
Twentieth Defense
If Plaintiff sustained injuries as a result of exposure to any product manufactured by
Defendant, the degree of such damage attributable to Defendant’s product is negligible, and hence,
de minimis.
Twenty-First Defense
Defendant cannot be held jointly and severally liable for acts or omissions of other
defendants because the acts and omissions of those other defendants were separate and distinct
and the alleged harm caused by each defendant is divisible.
Twenty-Second Defense
Defendant is not liable for any damages alleged to have resulted from exposure to any of
its products which were manufactured pursuant to Government specifications.
Twenty-Third Defense
Insofar as Plaintiff relies upon allegations of negligence, breaches of warranties, fraudulent
representations, and violations of obligations of strict product liability as against Defendant prior
to September 1, 1975, said causes of action fail to state facts sufficient to constitute causes of
action by reason of the failure to allege the freedom of Plaintiff from contributory negligence or
fault; and that if Plaintiff sustained the injuries, losses, and other damages complained of in the
Complaint, they were caused and brought about, in whole or in part, by the negligence,
carelessness, assumption of risk, fault or other culpable conduct of Plaintiff.
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Twenty-Fourth Defense
To the extent that Plaintiff alleges rights assertedly derived from oral warranties or
undertakings on the part of Defendant, the Complaint is barred by the applicable statute of frauds.
Twenty-Fifth Defense
To the extent Plaintiff alleges a cause of action for express and/or implied warranties and
the alleged breaches thereof, such cause of action is legally insufficient by reason of the failure to
allege privity of contract and/or privity of warranties between Plaintiff and Defendant.
Twenty-Sixth Defense
To the extent that any breach of warranty is alleged, Plaintiff failed to give proper and
prompt notice of any such breach to Defendant.
Twenty-Seventh Defense
Plaintiff did not directly or indirectly purchase any asbestos-containing products or
materials from Defendant, and Plaintiff neither received nor relied upon any representation or
warranty allegedly made by Defendant.
Twenty-Eighth Defense
The action cannot proceed in the absence of all parties who should be named in accordance
with New York CPLR § 1001.
Twenty-Ninth Defense
The recoverable damages, if any, should be diminished under the collateral source rule set
forth in New York CPLR § 4545.
Thirtieth Defense
To the extent that Plaintiff may recover damages from Defendant, Defendant is entitled to
indemnification and/or contribution, in whole or in part, from each of the other defendants in this
action.
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Thirty-First Defense
If Defendant is ultimately found to be liable to Plaintiff, then, pursuant to New York CPLR
Article 16, it shall only be liable for its equitable share of Plaintiffs’ recovery since any liability
which will be found against it will be insufficient to impose joint liability.
Thirty-Second Defense
Pursuant to New York CPLR Article 16, the liability, if any, of Defendant for non-
economic loss shall not exceed its equitable share of liability.
Thirty-Third Defense
To the extent Plaintiffs seek to hold Defendant liable retroactively for conduct that was not
actionable at the time it occurred, Plaintiffs’ claims violate Defendant’s right to be free from ex
post facto laws and Defendant’s procedural and substantive due process rights under the
Constitution of the United States.
Thirty-Fourth Defense
Any claim for exemplary and/or punitive damages is barred because such damages are not
recoverable or warranted in this action.
Thirty-Fifth Defense
The imposition of punitive damages on the facts alleged in the Complaint is barred by the
United States Constitution and the Constitution of the State of New York.
Thirty-Sixth Defense
Plaintiffs’ claim for punitive damages cannot be sustained because it would violate
Defendant’s rights under the Constitutions of the United States and the State of New York,
including, but not limited to:
(a) Defendant’s procedural and substantive due process rights and equal protection
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rights under the Fifth and Fourteenth Amendments of the United States
Constitution and under cognate provisions of the New York Constitution;
(b) Defendant’s rights under the double jeopardy clauses of the Fifth Amendment of
the United States Constitution and Article I, Section 6 of the New York State
Constitution;
(c) Defendant’s rights to protection from “excessive fines” as provided in the
Constitutions of the United States and the State of New York.
Thirty-Seventh Defense
The law of New York and the Due Process Clause of the Fourteenth Amendment and the
Supremacy Clause of Article VI of the United States Constitutions forbid punishing Defendant
simply for lawfully selling a legal product.
Thirty-Eighth Defense
Punitive damages are inappropriate to serve deterrence and punishment objectives because
those will be fully served by past and future liability for the same conduct at issue in this case.
Moreover, considerations of due process, comity, and state sovereignty bar any attempts to punish
Defendant, except to the extent the alleged conduct has had an impact in this State.
Thirty-Ninth Defense
Plaintiffs’ claims are barred because this Court lacks personal jurisdiction over Defendant.
Fortieth Defense
Plaintiffs’ claims are barred due to improper service of the Summons and Complaint on
Defendant.
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Forty-First Defense
All defenses which have been or will be asserted by other defendants and/or third-party
defendants in this action are adopted and incorporated herein by reference as if fully set forth at
length as defenses to Plaintiffs’ Complaint. In addition, Defendant will rely upon any and all other
further defenses which become available or appear during discovery proceedings in this action and
hereby specifically reserves the right to amend its Answer for purposes of asserting further
additional defenses.
Dated: February 27, 2023 Respectfully submitted,
Goulds Pumps LLC
By:
Beth L. Hughes
One of the attorneys for Goulds Pumps LLC
Brady S. Edwards
Beth L. Hughes
Morgan, Lewis & Bockius LLP
101 Park Avenue
New York, NY 10178-0060
Phone: (212) 309-6000
Fax: (212) 309-6001
beth.hughes@morganlewis.com
To: Belluck & Fox LLP
546 Fifth Avenue, 5th Floor
New York, NY 10036
Attorneys for Plaintiffs
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ATTORNEY VERIFICATION
STATE OF NEW YORK )
) ss:
COUNTY OF NEW YORK )
BETH L. HUGHES, an attorney duly admitted to practice law before the Courts of the
State of New York, deposes and says that I am an attorney for Goulds Pumps LLC, with an office
located at 101 Park Avenue, New York, New York, that I have read the foregoing Answer and
Affirmative Defenses to Plaintiffs’ Complaint on Behalf of Defendant Goulds Pumps LLC and
know the contents thereof, that the same is true upon information and belief and I believe it to be
true, that the grounds of my belief are public records, records and documents currently in my
possession pertaining to this matter, and conversations with client’s agents, and that the reason
why this verification is made by me and not by said defendant is that said defendant is a foreign
corporation which has no offices located in New York County where I maintain an office.
The undersigned affirms that the foregoing statements are true, under the penalties of
perjury.
Dated: February 27, 2023
New York, New York
Beth L. Hughes
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ULSTER
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Preview
FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER --------------------------------------------------------------x Index No. EF2023-99 This Document Relates To: ROGER PAUL SPEZIO, SR. and KATHLEEN SPEZIO, Plaintiffs, VERIFIED ANSWER vs. 3M COMPANY, Individually and as Successor to Minnesota Mining and Manufacturing Company, et al., Defendants. --------------------------------------------------------------x ANSWER TO PLAINTIFFS’ ASBESTOS COMPLAINT AND AFFIRMATIVE DEFENSES OF DEFENDANT GOULDS PUMPS LLC Defendant Goulds Pumps LLC, formerly known as Goulds Pumps, Inc. (hereinafter referred to as “Goulds”), as its Answer to Plaintiffs’ Asbestos Complaint (hereinafter referred to as “Complaint”) and Affirmative Defenses, states as follows: 1–3. Goulds is without knowledge or information to form a belief as to the truth of the allegations set forth in Paragraphs 1 through 3. 4–5. To the extent that the allegations in Paragraphs 4 and 5 are directed against Goulds, Goulds denies the allegations. To the extent that Paragraphs 4 and 5 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the allegation that Goulds has conducted and/or transacted business in New York is a question of law to be adjudicated by this Court. 6–33. Paragraphs 6 through 33 make no allegation against Goulds and therefore Goulds makes no answer thereto. -1- 1 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 33. To the extent that Paragraph 33 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 33. To the extent that Paragraph 33 contains allegations against entities other than Goulds, Goulds is without knowledge or information to form a belief as to the truth of the allegations set forth against those entities. Further, the allegation that Goulds has conducted and/or transacted business in New York is a question of law to be adjudicated by this Court. 34–67. Paragraphs 34 through 67 make no allegation against Goulds and therefore Goulds makes no answer thereto. 68–69. To the extent that Paragraphs 68 and 69 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 68 and 69. To the extent that Paragraphs 68 and 69 contain allegations against entities other than Goulds, Goulds is without knowledge or information to form a belief as to the truth of the allegations set forth against those entities. Further, the allegation that Goulds has conducted and/or transacted business in New York is a question of law to be adjudicated by this Court. 70–76. To the extent that the allegations in Paragraphs 70 through 76 are directed against Goulds, Goulds denies the allegations. To the extent that Paragraphs 70 through 76 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A FIRST CAUSE OF ACTION 77. Goulds repeats each and every answer contained in Paragraphs 1 through 76 of this Answer herein with the same force and effect is as if fully set forth herein. 78–85. To the extent that Paragraphs 78 through 85, including subparagraphs (a)–(m) of Paragraph 82, contain allegations against Goulds, Goulds denies the allegations. To the extent that Paragraphs 78 through 85, including subparagraphs (a)–(m) of Paragraph 82, contain allegations -2- 2 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A SECOND CAUSE OF ACTION 86. Goulds repeats each and every answer contained in Paragraphs 1 through 85 of this Answer herein with the same force and effect is as if fully set forth herein. 87–90. To the extent that Paragraphs 87 through 90 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 87 through 90. To the extent that Paragraphs 87 through 90 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A THIRD CAUSE OF ACTION 91. Goulds repeats each and every answer contained in Paragraphs 1 through 90 of this Answer herein with the same force and effect is as if fully set forth herein. 92–98. To the extent that Paragraphs 92 through 98 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 92 through 98. To the extent that Paragraphs 92 through 98 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 99. The allegations in Paragraph 99 are overly broad, vague, and lack foundation. Therefore, to the extent that Paragraph 99 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 99. To the extent that Paragraph 99 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. -3- 3 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 100. To the extent that Paragraph 100 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 100. To the extent that Paragraph 100 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A FOURTH CAUSE OF ACTION 101. Goulds repeats each and every answer contained in Paragraphs 1 through 100 of this Answer herein with the same force and effect is as if fully set forth herein. 102–110. To the extent that Paragraphs 102 through 110 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 102 through 110. To the extent that Paragraphs 102 through 110 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 111. To the extent that Paragraph 111, including subparagraphs (a)–(f), contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 111, including subparagraphs (a)–(f). To the extent that Paragraph 111, including subparagraphs (a)–(f), contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the applications of the New York Labor Law and the New York Industrial Code 12NYR are questions of law to be determined by this Court. 112–117. To the extent that Paragraphs 112 through 117 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 112 through 117. To the extent that Paragraphs 112 through 117 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. -4- 4 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 118. The allegations in Paragraph 118 are overly broad, vague, and lack foundation. Therefore, to the extent that Paragraph 118 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 118. To the extent that Paragraph 118 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 119. The application of the New York State Industrial Code 23 1.7 (g) and its predecessor is a question of law to be determined by this Court; therefore Goulds denies the allegations set forth in Paragraph 119 of the Complaint. AS AND FOR A FIFTH CAUSE OF ACTION 120. Goulds repeats each and every answer contained in Paragraphs 1 through 119 of this Answer herein with the same force and effect is as if fully set forth herein. 121–127. To the extent that Paragraphs 121 through 127 contain allegations against Goulds, Goulds denies the allegations. To the extent that Paragraphs 121 through 127 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A SIXTH CAUSE OF ACTION 128. Goulds repeats each and every answer contained in Paragraphs 1 through 128 of this Answer herein with the same force and effect is as if fully set forth herein. 129–137. To the extent that Paragraphs 129 through 137 including subparagraphs (i)– (iii) of Paragraph 136, contain allegations against Goulds, Goulds denies the allegations. To the extent that Paragraphs 129 through 137 including subparagraphs (i)–(iii) of Paragraph 136, contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 138. Goulds denies the allegations in Paragraph 138. -5- 5 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 139–143. To the extent that Paragraphs 139 through 143 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 139 through 143. To the extent that Paragraphs 139 through 143 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A SEVENTH CAUSE OF ACTION 144. Goulds repeats each and every answer contained in Paragraphs 1 through 143 of this Answer herein with the same force and effect is as if fully set forth herein. 145. Goulds is without knowledge or information to form a belief as to the truth of the allegations set forth in Paragraph 145. 146–151. To the extent that Paragraphs 146 through 151 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 146 through 151. To the extent that Paragraphs 146 through 151 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 152. To the extent that Paragraph 152 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 152. To the extent that Paragraph 152 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities, Further, the allegation that Goulds has conducted and/or transacted business in New York is a question of law to be adjudicated by this Court. 153. To the extent that Paragraph 153 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 153. To the extent that Paragraph 153 contains -6- 6 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 154. To the extent that Paragraph 154 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 154. To the extent that Paragraph 154 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities, Further the applications of the New York Labor Law are questions of law to be determined by this Court. 155. To the extent that Paragraph 155 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 155. To the extent that Paragraph 155 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 156. To the extent that Paragraph 156 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 156. To the extent that Paragraph 156 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities, Further the applications of the New York Labor Law are questions of law to be determined by this Court. 157. To the extent that Paragraph 157 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 157. To the extent that Paragraph 157 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR AN EIGHTH CAUSE OF ACTION 158. Goulds repeats each and every answer contained in Paragraphs 1 through 157 of this Answer herein with the same force and effect is as if fully set forth herein. -7- 7 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 159. To the extent that Paragraph 159 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 159. To the extent that Paragraph 159 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 160–161. To the extent that Paragraphs 160 and 161 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 160 and 161. To the extent that Paragraphs 160 and 161 contain allegations against entities other than Goulds, Goulds is without knowledge or information to form a belief as to the truth of the allegations set forth against those entities. Further, the allegation that Goulds has conducted and/or transacted business in New York is a question of law to be adjudicated by this Court. 162–172. To the extent that Paragraphs 162 through 172 contain allegations against Goulds, Goulds denies the allegations. To the extent that Paragraphs 162 through 172 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. 173. The substantive law governing this case is a question of law to be determined by this Court; therefore Goulds makes no answer thereto. AS AND FOR A NINTH CAUSE OF ACTION 174. Goulds repeats each and every answer contained in Paragraphs 1 through 173 of this Answer herein with the same force and effect is as if fully set forth herein. 175–176. To the extent that Paragraphs 175 and 176 contain allegations against Goulds, Goulds denies the allegations. To the extent that Paragraphs 175 and 176 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 §§ 1601–1602 are questions of law to be determined by this Court. -8- 8 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 177. To the extent that Paragraph 177 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 177. To the extent that Paragraph 177 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602, the general obligation law, and the public officer law are questions of law to be determined by this Court. 178. To the extent that Paragraph 178 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 178. To the extent that Paragraph 178 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the workers’ compensation law are questions of law to be determined by this Court. 179. To the extent that Paragraph 179 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 179. To the extent that Paragraph 179 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 are questions of law to be determined by this Court. 180. To the extent that Paragraph 180 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 180. To the extent that Paragraph 180 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the vehicle and traffic law are questions of law to be determined by this Court. -9- 9 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 181. To the extent that Paragraph 181 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 181. To the extent that Paragraph 181 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 are questions of law to be determined by this Court. 182. To the extent that Paragraph 182 contains allegations against Goulds, Goulds denies the allegations. To the extent that Paragraph 182 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the labor law are questions of law to be determined by this Court. 183. To the extent that Paragraph 183 contains allegations against Goulds, Goulds denies the allegations. To the extent that Paragraph 183 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the environmental conservation law are questions of law to be determined by this Court. 184–185. To the extent that Paragraphs 184 and 185 contain allegations against Goulds, Goulds denies the allegations set forth in Paragraphs 184 and 185. To the extent that Paragraphs 184 and 185 contain allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602 and the workers’ compensation law are questions of law to be determined by this Court. 186. To the extent that Paragraph 186 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 186. To the extent that Paragraph 186 contains allegations - 10 - 10 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. Further, the application of NY Civ. Prac. L. Art. 16 § 1602, the general obligation law, and the workers’ compensation law are questions of law to be determined by this Court. AS AND FOR A TENTH CAUSE OF ACTION 187. Goulds repeats each and every answer contained in Paragraphs 1 through 186 of this Answer herein with the same force and effect is as if fully set forth herein. 188. To the extent that Paragraph 188 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 188. To the extent that Paragraph 188 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth against those entities. AS AND FOR A ELEVENTH CAUSE OF ACTION 189. Goulds repeats each and every answer contained in Paragraphs 1 through 188 of this Answer herein with the same force and effect is as if fully set forth herein. 190. Paragraph 190 makes no allegation against Goulds and therefore Goulds makes no answer thereto. 191. To the extent that Paragraph 191 contains allegations against Goulds, Goulds denies the allegations set forth in Paragraph 191. To the extent that Paragraph 191 contains allegations against entities other than Goulds, Goulds is without knowledge or information sufficient form a belief as to the truth of the allegations set forth against those entities. WHEREFORE, Defendant Goulds Pumps LLC denies that Plaintiffs are entitled to compensatory and punitive damages and further requests that Plaintiffs’ claims be dismissed with prejudice and any other relief this Honorable Court deems just. - 11 - 11 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 AFFIRMATIVE DEFENSES First Defense Plaintiffs’ Complaint fails to state a claim upon which relief may be granted. Second Defense Plaintiffs’ Complaint is barred by the applicable statute of repose or statute of limitations. Third Defense Any claim or cause of action Plaintiffs may have is barred, in whole or in part, by the doctrines of laches, waiver, collateral estoppel, and/or res judicata. Fourth Defense Plaintiffs failed to plead the claims of fraud and conspiracy with proper specificity and, as such, all claims premised on fraud and/or conspiracy must be dismissed. Fifth Defense The injuries and/or illnesses to Plaintiff, if any, are governed by the applicable Workers’ Compensation statutes and shall have constituted an industrial disability and Plaintiffs’ exclusive remedy, if any, shall lie within the terms and ambit of said statute. Sixth Defense Plaintiffs’ claims and causes of action against Defendant are barred, in whole or in part, because Defendant owed no legal duty to Plaintiffs or, if it owed such a legal duty, it did not breach such duty. Seventh Defense The injuries allegedly sustained by Plaintiffs, if any, were proximately caused by Plaintiffs’ free and voluntary acts of knowingly and voluntarily placing himself in a position of danger and thus assuming the risks ordinary incident to such acts. - 12 - 12 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Eighth Defense The injuries allegedly sustained by Plaintiff, if any, arose in whole or in part out of the risks, hazards, and dangers incident to the occupation of Plaintiff all of which were open, obvious and well known to Plaintiff, and the action is barred by Plaintiff’s assumption of the risks thereof. Ninth Defense This action is barred, in whole or in part, by the misuse, abuse, or substantial modification of the product. Tenth Defense The negligent acts or omissions of Plaintiffs were the sole proximate cause or proximate contributing cause of the injuries and damages of which Plaintiffs’ complains. Eleventh Defense Plaintiff contributed to his illness, either in whole or in part, by the use of other substances, products, medications and drugs. To the extent that Plaintiff used any tobacco products, any damages awarded should be reduced in whole or in part by the amount of his damages caused by smoking. Twelfth Defense That the injuries and/or illnesses, if any, sustained by Plaintiffs were caused or contributed to by the fault, neglect, and want of care on the part of Plaintiffs or of others for whose acts or omissions or breach of legal duty Defendant is not liable. Thirteenth Defense Plaintiffs’ alleged damages were negligently caused in whole or in part by persons, firms, corporations, or entities other than those parties before this Court and such negligence either bars or comparatively reduces any possible recovery by Plaintiffs. - 13 - 13 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Fourteenth Defense Insofar as the Complaint alleges a cause of action accruing on or after September 1, 1975 to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to Plaintiffs, including contributory negligence and assumption of risk, in the proportion which the culpable conduct attributable to Plaintiff bear to the culpable conduct which caused the damages. Fifteenth Defense If Plaintiffs suffered damages as a result of the allegations set forth in the Complaint, then those damages were the result of intervening or superseding acts or omissions of persons other than the Defendant. Sixteenth Defense If Plaintiffs suffered injuries as a proximate result of a condition of Defendant’s products, any of Defendant’s products would have been supplied to an employer of Plaintiff. Such employer was a knowledgeable and sophisticated user of said products, and thus Defendant had no further legal duty to warn or instruct Plaintiff. Seventeenth Defense If any of the allegations of Plaintiff with respect to the defective condition of asbestos or asbestos products are proven, then Plaintiff is barred from any recovery due to the fact that at all relevant times there was no known substitute for asbestos or asbestos products. Eighteenth Defense The state of the medical and scientific knowledge at all relevant times was such that Defendant neither knew nor could have known that its asbestos-containing products presented a foreseeable risk of harm to any person in the normal and expected use of those products. - 14 - 14 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Nineteenth Defense To the extent that Defendant conformed to the scientific knowledge and research data available throughout the industry and scientific community, Defendant shall have fulfilled its obligations, if any, herein, and Plaintiffs’ claims shall be barred, in whole or in part. Twentieth Defense If Plaintiff sustained injuries as a result of exposure to any product manufactured by Defendant, the degree of such damage attributable to Defendant’s product is negligible, and hence, de minimis. Twenty-First Defense Defendant cannot be held jointly and severally liable for acts or omissions of other defendants because the acts and omissions of those other defendants were separate and distinct and the alleged harm caused by each defendant is divisible. Twenty-Second Defense Defendant is not liable for any damages alleged to have resulted from exposure to any of its products which were manufactured pursuant to Government specifications. Twenty-Third Defense Insofar as Plaintiff relies upon allegations of negligence, breaches of warranties, fraudulent representations, and violations of obligations of strict product liability as against Defendant prior to September 1, 1975, said causes of action fail to state facts sufficient to constitute causes of action by reason of the failure to allege the freedom of Plaintiff from contributory negligence or fault; and that if Plaintiff sustained the injuries, losses, and other damages complained of in the Complaint, they were caused and brought about, in whole or in part, by the negligence, carelessness, assumption of risk, fault or other culpable conduct of Plaintiff. - 15 - 15 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Twenty-Fourth Defense To the extent that Plaintiff alleges rights assertedly derived from oral warranties or undertakings on the part of Defendant, the Complaint is barred by the applicable statute of frauds. Twenty-Fifth Defense To the extent Plaintiff alleges a cause of action for express and/or implied warranties and the alleged breaches thereof, such cause of action is legally insufficient by reason of the failure to allege privity of contract and/or privity of warranties between Plaintiff and Defendant. Twenty-Sixth Defense To the extent that any breach of warranty is alleged, Plaintiff failed to give proper and prompt notice of any such breach to Defendant. Twenty-Seventh Defense Plaintiff did not directly or indirectly purchase any asbestos-containing products or materials from Defendant, and Plaintiff neither received nor relied upon any representation or warranty allegedly made by Defendant. Twenty-Eighth Defense The action cannot proceed in the absence of all parties who should be named in accordance with New York CPLR § 1001. Twenty-Ninth Defense The recoverable damages, if any, should be diminished under the collateral source rule set forth in New York CPLR § 4545. Thirtieth Defense To the extent that Plaintiff may recover damages from Defendant, Defendant is entitled to indemnification and/or contribution, in whole or in part, from each of the other defendants in this action. - 16 - 16 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Thirty-First Defense If Defendant is ultimately found to be liable to Plaintiff, then, pursuant to New York CPLR Article 16, it shall only be liable for its equitable share of Plaintiffs’ recovery since any liability which will be found against it will be insufficient to impose joint liability. Thirty-Second Defense Pursuant to New York CPLR Article 16, the liability, if any, of Defendant for non- economic loss shall not exceed its equitable share of liability. Thirty-Third Defense To the extent Plaintiffs seek to hold Defendant liable retroactively for conduct that was not actionable at the time it occurred, Plaintiffs’ claims violate Defendant’s right to be free from ex post facto laws and Defendant’s procedural and substantive due process rights under the Constitution of the United States. Thirty-Fourth Defense Any claim for exemplary and/or punitive damages is barred because such damages are not recoverable or warranted in this action. Thirty-Fifth Defense The imposition of punitive damages on the facts alleged in the Complaint is barred by the United States Constitution and the Constitution of the State of New York. Thirty-Sixth Defense Plaintiffs’ claim for punitive damages cannot be sustained because it would violate Defendant’s rights under the Constitutions of the United States and the State of New York, including, but not limited to: (a) Defendant’s procedural and substantive due process rights and equal protection - 17 - 17 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 rights under the Fifth and Fourteenth Amendments of the United States Constitution and under cognate provisions of the New York Constitution; (b) Defendant’s rights under the double jeopardy clauses of the Fifth Amendment of the United States Constitution and Article I, Section 6 of the New York State Constitution; (c) Defendant’s rights to protection from “excessive fines” as provided in the Constitutions of the United States and the State of New York. Thirty-Seventh Defense The law of New York and the Due Process Clause of the Fourteenth Amendment and the Supremacy Clause of Article VI of the United States Constitutions forbid punishing Defendant simply for lawfully selling a legal product. Thirty-Eighth Defense Punitive damages are inappropriate to serve deterrence and punishment objectives because those will be fully served by past and future liability for the same conduct at issue in this case. Moreover, considerations of due process, comity, and state sovereignty bar any attempts to punish Defendant, except to the extent the alleged conduct has had an impact in this State. Thirty-Ninth Defense Plaintiffs’ claims are barred because this Court lacks personal jurisdiction over Defendant. Fortieth Defense Plaintiffs’ claims are barred due to improper service of the Summons and Complaint on Defendant. - 18 - 18 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 Forty-First Defense All defenses which have been or will be asserted by other defendants and/or third-party defendants in this action are adopted and incorporated herein by reference as if fully set forth at length as defenses to Plaintiffs’ Complaint. In addition, Defendant will rely upon any and all other further defenses which become available or appear during discovery proceedings in this action and hereby specifically reserves the right to amend its Answer for purposes of asserting further additional defenses. Dated: February 27, 2023 Respectfully submitted, Goulds Pumps LLC By: Beth L. Hughes One of the attorneys for Goulds Pumps LLC Brady S. Edwards Beth L. Hughes Morgan, Lewis & Bockius LLP 101 Park Avenue New York, NY 10178-0060 Phone: (212) 309-6000 Fax: (212) 309-6001 beth.hughes@morganlewis.com To: Belluck & Fox LLP 546 Fifth Avenue, 5th Floor New York, NY 10036 Attorneys for Plaintiffs - 19 - 19 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 ATTORNEY VERIFICATION STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) BETH L. HUGHES, an attorney duly admitted to practice law before the Courts of the State of New York, deposes and says that I am an attorney for Goulds Pumps LLC, with an office located at 101 Park Avenue, New York, New York, that I have read the foregoing Answer and Affirmative Defenses to Plaintiffs’ Complaint on Behalf of Defendant Goulds Pumps LLC and know the contents thereof, that the same is true upon information and belief and I believe it to be true, that the grounds of my belief are public records, records and documents currently in my possession pertaining to this matter, and conversations with client’s agents, and that the reason why this verification is made by me and not by said defendant is that said defendant is a foreign corporation which has no offices located in New York County where I maintain an office. The undersigned affirms that the foregoing statements are true, under the penalties of perjury. Dated: February 27, 2023 New York, New York Beth L. Hughes -1- 20 of 21 FILED: ULSTER COUNTY CLERK 02/27/2023 02:31 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 02/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER -------