On December 10, 2020 a
Motion-Secondary
was filed
involving a dispute between
Patsy Young,
and
Aventis Inc.,
Avon Products, Inc.,
Block Drug Company, Inc.,
Block Drug Corporation,
Brenntag North America, Inc.,
Brenntag Specialties, Inc. F K A Mineral Pigment Solutions, Inc.,
Charles B. Chrystal Company, Inc.,
Chattem, Inc.,
Colgate-Palmolive Company,
Cyprus Amax Minerals Company,
Cyprus Mines Corporation,
Glaxosmithkline Llc (Sued Individually And As Successor-In-Interest To Block Drug Corporation, Successor-In-Interest To The Gold Bond Sterilizing Powder Company A K A The Gold Bond Company And As A Successor-In-Interest To Novartis Corporation And
Novartis Consumer Health Inc.),
Gsk Consumer Health, Inc. F K A Novartis Consumer Health Inc. F K A Ciba Self-Medication, Inc.,
Insight Pharmaceuticals Corporation, A Subsidiary Of Prestige Brands Holdings, Inc.,
Insight Pharmaceuticals Llc,
Macy'S Inc. F K A Federated Department Stores, Inc.,
Novartis Pharmaceuticals Corporation,
Prestige Brands Holdings, Inc.,
Prestige Consumer Healthcare Inc. F K A Prestige Brands, Inc.,
Sanofi-Aventis U.S. Llc,
Sanofi Us Services, Inc.,
Whittaker Clark & Daniels, Inc.,
for Torts - Asbestos
in the District Court of Erie County.
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FILED: ERIE COUNTY CLERK 03/03/2023 01:47 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 03/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
:
PATSY YOUNG, :
:
Plaintiff, : AFFIRMATION OF
: NANCY MCDONALD, ESQ.
- against - : IN SUPPORT OF MOTION
: FOR SUMMARY JUDGMENT OF
AVENTIS INC., et al., : DEFENDANT CHARLES B. CHRYSTAL
: COMPANY, INC.
Defendants. :
: Index No. 815818/2020
I, Nancy McDonald, an attorney duly admitted to practice law before the Courts of the
State of New York, affirm under the penalties of perjury pursuant to CPLR § 2106, that the
following statements are true, except for those made upon information and belief, which I believe
to be true:
1. I am a Partner with the law firm McElroy, Deutsch, Mulvaney & Carpenter, LLP,
attorneys for Defendant, Charles B. Chrystal Company, Inc. (hereinafter “CBC” or “Defendant”),
and as such, I am fully familiar with the facts contained herein.
2. I make this Affirmation in support of the Motion for Summary Judgment filed on
behalf of CBC.
3. Plaintiff, Patsy Young (hereinafter “Plaintiff” or “Ms. Young”), initiated this action
against numerous defendants by filing a Verified Complaint in the Supreme Court of the State of
New York, Erie County, on or about December 10, 2020. In the Complaint, Ms. Young alleges that
she was diagnosed with mesothelioma as a result of her exposure to asbestos. A true and accurate
copy of Plaintiff’s Complaint is attached hereto as Exhibit “A.”
4. On October 18, 2021, CBC filed a Verified Answer in this action. A true and
accurate copy of CBC’s filed Verified Answer is attached hereto as Exhibit “B.”
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FILED: ERIE COUNTY CLERK 03/03/2023 01:47 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 03/03/2023
5. Plaintiff served Answers to Interrogatories on or about January 21, 2021. In the
Answers, Plaintiff did not identify CBC as a supplier, manufacturer, or seller of any asbestos or
asbestos-containing product to which she was exposed. A true and accurate copy of Plaintiff’s
Answers to Interrogatories is attached hereto as Exhibit “C.”
6. Ms. Young, appeared for a discovery deposition on February 11th, 12th, and 16th,
2021. She appeared for a videotaped de bene esse deposition on April 28, 2021. Throughout the
course of Ms. Young’s deposition, she did not identify CBC. A true and accurate copy of Ms.
Young’s deposition transcripts are attached hereto as Exhibit “D.”
7. As set forth in the accompanying memorandum of law, Plaintiff has failed to
present any admissible evidence identifying a CBC product as a source of Ms. Young’s alleged
exposure to asbestos.
WHEREFORE, Defendant CBC respectfully requests that this Court grant the relief
requested in its motion for summary judgment and other such relief as the Court deems just and
proper. No such relief has previously been sought.
Dated: March 3, 2023
New York, NY
McELROY, DEUTSCH, MULVANEY
& CARPENTER, LLP
By: ____s/Nancy McDonald, Esq.
Nancy McDonald, Esq.
Attorneys for Defendant
Charles B. Chrystal Company, Inc.
225 Liberty Street, 36th Floor
New York, NY 10281
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FILED: ERIE COUNTY CLERK 03/03/2023 01:47 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 03/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE : PATSY YOUNG, : : Plaintiff, : AFFIRMATION OF : NANCY MCDONALD, ESQ. - against - : IN SUPPORT OF MOTION : FOR SUMMARY JUDGMENT OF AVENTIS INC., et al., : DEFENDANT CHARLES B. CHRYSTAL : COMPANY, INC. Defendants. : : Index No. 815818/2020 I, Nancy McDonald, an attorney duly admitted to practice law before the Courts of the State of New York, affirm under the penalties of perjury pursuant to CPLR § 2106, that the following statements are true, except for those made upon information and belief, which I believe to be true: 1. I am a Partner with the law firm McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for Defendant, Charles B. Chrystal Company, Inc. (hereinafter “CBC” or “Defendant”), and as such, I am fully familiar with the facts contained herein. 2. I make this Affirmation in support of the Motion for Summary Judgment filed on behalf of CBC. 3. Plaintiff, Patsy Young (hereinafter “Plaintiff” or “Ms. Young”), initiated this action against numerous defendants by filing a Verified Complaint in the Supreme Court of the State of New York, Erie County, on or about December 10, 2020. In the Complaint, Ms. Young alleges that she was diagnosed with mesothelioma as a result of her exposure to asbestos. A true and accurate copy of Plaintiff’s Complaint is attached hereto as Exhibit “A.” 4. On October 18, 2021, CBC filed a Verified Answer in this action. A true and accurate copy of CBC’s filed Verified Answer is attached hereto as Exhibit “B.” 1 of 2 FILED: ERIE COUNTY CLERK 03/03/2023 01:47 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 79 RECEIVED NYSCEF: 03/03/2023 5. Plaintiff served Answers to Interrogatories on or about January 21, 2021. In the Answers, Plaintiff did not identify CBC as a supplier, manufacturer, or seller of any asbestos or asbestos-containing product to which she was exposed. A true and accurate copy of Plaintiff’s Answers to Interrogatories is attached hereto as Exhibit “C.” 6. Ms. Young, appeared for a discovery deposition on February 11th, 12th, and 16th, 2021. She appeared for a videotaped de bene esse deposition on April 28, 2021. Throughout the course of Ms. Young’s deposition, she did not identify CBC. A true and accurate copy of Ms. Young’s deposition transcripts are attached hereto as Exhibit “D.” 7. As set forth in the accompanying memorandum of law, Plaintiff has failed to present any admissible evidence identifying a CBC product as a source of Ms. Young’s alleged exposure to asbestos. WHEREFORE, Defendant CBC respectfully requests that this Court grant the relief requested in its motion for summary judgment and other such relief as the Court deems just and proper. No such relief has previously been sought. Dated: March 3, 2023 New York, NY McELROY, DEUTSCH, MULVANEY & CARPENTER, LLP By: ____s/Nancy McDonald, Esq. Nancy McDonald, Esq. Attorneys for Defendant Charles B. Chrystal Company, Inc. 225 Liberty Street, 36th Floor New York, NY 10281 2 2 of 2