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SUPREME COURT OF THE STATE OF NEW YORK EIGHTH JUDICIAL DISTRICT
EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION
Index No.
In Re Eighth Judicial District
Asbestos Litigation Plaintiff designates Erie County
as the place of trial.
This Document Applies to: The basis of venue is the residence
of the plaintiff and one or more
SUPREME COURT OF THE STATE OF NEW YORK defendants.
COUNTY OF ERIE
SUMMONS
PATSY YOUNG
99 Kensington Avenue Plaintiff resides at 99 Kensington
Buffalo, NY 14214 Avenue, Buffalo, NY
Plaintiff, County of Erie
against
AVENTIS INC.
c/o Corporation Service Company
2595 Interstate Drive, Suite 103
Harrisburg, PA 17110
AVON PRODUCTS, INC.
c/o CT Corporation System
28 Liberty St 42nd Floor
New York, NY 10005
BLOCK DRUG COMPANY, INC. (sued individually and as
successor-in-interest to THE GOLD BOND
STERILIZING POWDER COMPANY a/k/a THE GOLD
BOND COMPANY)
c/o Corporation Service Company
Princeton South Corporate Center, Suite 160
100 Charles Ewing Boulevard
Ewing, NJ 08628
BLOCK DRUG CORPORATION (sued individually and as
successor-in-interest to THE GOLD BOND
STERILIZING POWDER COMPANY a/k/a THE GOLD
BOND COMPANY)
c/o Corporation Service Company
Princeton South Corporate Center, Suite 160
100 Charles Ewing Boulevard
Ewing, NJ 08628
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BRENNTAG NORTH AMERICA, INC. (sued individually
and as successor-in-interest to MINERAL PIGMENT
SOLUTIONS, INC. and as successor-in-interest to
WHITTAKER CLARK & DANIELS, INC.)
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801
BRENNTAG SPECIALTIES, INC. f/k/a MINERAL
PIGMENT SOLUTIONS, INC. (sued individually and as
successor-in-interest to WHITTAKER CLARK &
DANIELS, INC.)
c/o Corporation Trust Company
Mountain View Office Park
820 Bear Tavern Road
West Trenton, NJ 08628
CHARLES B. CHRYSTAL COMPANY, INC.
89 Coachlight Circle
Prospect, CT 06712
CHATTEM, INC. (sued individually and as successor-in-
interest to BLOCK DRUG successor-in-
CORPORATION,
interest to THE.GOLD BOND STERILIZING POWDER
COMPANY a/k/a THE GOLD BOND COMPANY)
c/o Corporation Service Company
2908 Poston Avenue
Nashville, TN 37203-1312
COLGATE-PALMOLIVE COMPANY
c/o CT Corporation System
28 Liberty Street, 42nd Floor
New York, NY 10005
CYPRUS AMAX MINERALS COMPANY (sued
individually, doing business as, and as successor to
AMERICAN TALC COMPANY, METROPOLITAN
TALC CO. INC. and CHARLES MATHIEU INC. and
SIERRA TALC COlVIPANY and UNITED TALC
COMPANY)
c/o Registered Agent Solutions, Inc.
9 E. Loockerman Street, Suite 311
Dover, DE 19901
CYPRUS MINES CORPORATION
c/o Registered Agent Solutions, Inc.
9 E. Loockerman Street, Suite 311
Dover, DE 19901
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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.)
c/o Corporation Service Company
80 State Street
Albany, NY 12207-2543
GSK CONSUMER HEALTH, INC. f/k/a NOVARTIS
CONSUMER HEALTH INC. f/k/a CIBA SELF-
MEDICATION, INC.
c/o Corporation Service Company
80 State Street
Albany, NY 12207-2543
INSIGHT PHARMACEUTICALS CORPORATION, a
subsidiary of PRESTIGE BRANDS HOLDINGS, INC.
c/o National Registered Agents, Inc.
160 Greentree Drive, Suite 101
Dover, DE 19904
INSIGHT PHARMACEUTICALS LLC
c/o National Registered Agents, Inc.
28 Liberty Street
New York, NY 10005
MACY'S INC. f/k/a FEDERATED DEPARTMENT
STORES, INC. (sued individually and as successor-in-
interest to TWIN FAIR, INC.)
c/o Corporate Creations Network Inc.
3411 Silverside Road
Tatnall Building, Suite 104
Wilmington, DE 19810
NOVARTIS CORPORATION (sued individually and as a
successor-in-interest to CIBA-GEIGY CORPORATION
and its subsidiaries CIBA CONSUMER
PHARMACEUTICALS and CIBA SELF-MEDICATION,
INC.)
c/o The Prentice-Hall Corporation System
80 State Street
Albany, NY 12207
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NOVARTIS PHARMACEUTICALS CORPORATION
(sued individually and as successor-in-interest to CIBA-
GEIGY CORPORATION and its subsidiary CIBA
CONSUMER PHARMACEUTICALS)
c/o Corporation Service Company
80 State Street
Albany, NY 12207-2543
PRESTIGE BRANDS HOLDINGS, INC.
c/o National Registered Agents Inc.
4701 Cox Road, Suite 285
Glen Allen, VA 23060
PRESTIGE CONSUMER HEALTHCARE INC. f/k/a
PRESTIGE BRANDS, INC.
c/o National Registered Agents, Inc.
1209 Orange Street
Wilmington, DE 19801
SANOFI-AVENTIS U.S. LLC (sued individually and as
successor by merger to AVENTIS PHARMACEUTICALS
INC.)
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
SANOFI US SERVICES, INC.
c/o Corporation Service Company
80 State Street
Albany, NY 12207-2543
WHITTAKER CLARK & DANIELS, INC.
c/o Joe Cobuzio
Tompkins, McGuire, Wacenfeld, et al.
3 Becker Farm Road, 4th Floor
Roseland, NJ 07068
Defendants.
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
Plaintiff's 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 if this Summons is not personally delivered to you within the
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State of New York); and in case of your failure to appear or answer, judgment will be taken against you
by default for the relief demanded in the Complaint.
Dated: Buffalo, New York
December 9, 2020
J P. COME , ESQ.
SITZ & PONTERIO, LLC
Attorneys for Plaintiff
Office and P.O. Address
424 Main Street, Suite 1500
Buffalo, NY 14202
(716) 849-0701
SEAN KERLEY, ESQ.
SIMON GREENSTONE PANATIER, PC
Attorney for Plaintiff
Office and P.O. Address
1201 Elm Street, Suite 3400
Dallas, TX 75270
(214) 276-7680
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SUPREME COURT OF THE STATE OF NEW YORK
EIGHTH JUDICIAL DISTRICT
EIGHTH JUDICIAL DISTRICT
In Re Eighth Judicial District ASBESTOS LITIGATION
Asbestos Litigation
This Document Applies to: COMPLAINT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
PATSY YOUNG,
Plaintiff,
vs.
AVENTIS INC.;
AVON PRODUCTS, INC.;
BLOCK DRUG COMPANY, INC. (sued individually and as
successor-in-interest to THE GOLD BOND STERILIZING
POWDER COMPANY a/k/a THE GOLD BOND
COMPANY);
BLOCK DRUG CORPORATION (sued individually and as
successor-in-interest to THE GOLD BOND STERILIZING
POWDER COMPANY a/k/a THE GOLD BOND
COMPANY);
BRENNTAG NORTH AMERICA, INC. (sued individually
and as successor-in-interest to MINERAL PIGMENT
SOLUTIONS, INC. and as successor-in-interest to
WHITTAKER CLARK & DANIELS, INC.);
BRENNTAG SPECIALTIES, INC. f/k/a MINERAL
PIGMENT SOLUTIONS, INC. (sued individually and as
successor-in-interest to WHITTAKER CLARK &
DANIELS, INC.);
CHARLES B. CHRYSTAL COMPANY, INC.;
CHATTEM, INC. (sued individually and as successor-in-
interest to BLOCK DRUG successor-in-
CORPORATION,
interest to THE GOLD BOND STERILIZING POWDER
COMPANY a/k/a THE GOLD BOND COMPANY);
COLGATE-PALMOLIVE COMPANY;
CYPRUS AMAX MINERALS COMPANY (sued
individually, doing business as, and as successor to
AMERICAN TALC COMPANY, METROPOLITAN
TALC CO. INC. and CHARLES MATHIEU INC. and
SIERRA TALC COMPANY and UNITED TALC
COMPANY);
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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. (sued individually and as successor-in-
interest to TWIN FAIR, INC.);
NOVARTIS CORPORATION (sued individually and as a
successor-in-interest to CIBA-GEIGY CORPORATION
and its subsidiaries CIBA CONSUMER
PHARMACEUTICALS and CIBA SELF-MEDICATION,
INC.);
NOVARTIS PHARMACEUTICALS CORPORATION (sued
individually and as successor-in-interest to CIBA-GEIGY
CORPORATION and its subsidiary CIBA CONSUMER
PHARMACEUTICALS);
PRESTIGE BRANDS HOLDINGS, INC.;
PRESTIGE CONSUMER HEALTHCARE INC. f/k/a
PRESTIGE BRANDS, INC.;
SANOFI-AVENTIS U.S. LLC (sued individually and as
successor by merger to AVENTIS PHARMACEUTICALS
INC.);
SANOFI US SERVICES, INC.; and
WHITTAKER CLARK & DANIELS, INC.,
Defendants.
Comes now, Plaintiff, PATSY YOUNG, by her attorneys, LIPSITZ & PONTERIO, LLC and
SIMON GREENSTONE PANATIER, PC, for her Complaint against each and every Defendant and
alleges:
1. Plaintiff PATSY YOUNG resides at 99 Kensington Avenue, Buffalo, New York 14214,
County of Erie.
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2. If it is deemed that Article 16 of the CPLR applies to this action, Plaintiff asserts that this
action falls within one or more of the exceptions set forth in CPLR 1602 including, but not limited to, the
exception for cases where a person is held liable for causing the claimant's injury by having acted with
reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases involving any person
held liable for causing claimant's injury by having unlawfully released into the environment a substance
hazardous to public health, safety or the environment (CPLR 1602(9)); the exception pertaining to claims
injury"
against a Defendant where the claimant has sustained a "grave as defined in Section Eleven of the
Workers'
Compensation law to the extent of the equitable share of any person against whom the claimant
Workers'
is barred from asserting a cause of action because of the applicability of the Compensation Law
(CPLR 1602(4)); the exception for any parties found to have acted knowingly or intentionally and in
concert to cause the acts or failures upon which liability is based (CPLR 1602(11)); the exception based
defendants'
upon non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); and
the exception for persons held liable in a product liability action where the manufacturer of the product is
not a party to the action and jurisdiction over the manufacturer could not with due diligence be obtained
(CPLR 1602(10)).
3. That upon information and belief and at all times hereinafter mentioned, Defendant
AVENTIS INC. was and still is a Pennsylvania corporation which transacted business in the State of New
York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ 08628. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
4. That upon information and belief and at all times hereinafter mentioned, Defendant
AVON PRODUCTS, INC. was and still is a New York corporation which transacted business in the State
of New York, with its principal place of business located at 1 Avon Place, Suffern, NY 10901. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products
containing the substance asbestos.
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5. That upon information and belief and at all times hereinafter mentioned, Defendant
BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to THE GOLD
BOND STERILIZING POW DER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is
a New Jersey corporation which transacted business in the State of New York, with its principal place of
business located at 257 Comelison Avenue, Jersey City, NJ 07302. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and/or products containing the substance asbestos.
6. That upon information and belief and at all times hereinafter mentioned, Defendant
BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD BOND
STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a New
Jersey corporation which transacted business in the State of New York, with its principal place of business
located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and/or products containing the substance asbestos.
7. That upon information and belief and at all times hereinafter mentioned, Defendant
BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL
PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & DANIELS,
INC.) was and still is a Delaware corporation which transacted business in the State of New York, with
its principal place of business located at 5083 Pottsville Pike, Reading, PA 19605. At all times relevant,
it has engaged in the manufacture, sale and distribution of materials and/or products containing the
substance asbestos.
8. That upon information and belief and at all times hereinafter mentioned, Defendant
BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually
and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) was and still is a Delaware
corporation which transacted business in the State ofNew York, with its principal place of business located
at 1000 Coolidge Street, South Plainfield, NJ 07080. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and/or products containing the substance asbestos.
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9. That upon information and belief and at all times hereinafter mentioned, Defendant
CHARLES B. CHRYSTAL COMPANY, INC. was and still is a New York corporation which transacted
business in the State of New York, with its principal place of business located at 89 Coachlight Circle,
Prospect, CT 06712. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and/or products containing the substance asbestos.
10. That upon information and belief and at all times hereinafter mentioned, Defendant
CHATTEM, INC. (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) was and still is a Tennessee corporation which transacted business in the State of
New York, with its principal place of business located at 1715 W. 38th Street, Chattanooga, TN 37409-
1248. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or
products containing the substance asbestos.
11. That upon information and belief and at all times hereinafter mentioned, Defendant
COLGATE-PALMOLIVE COMPANY was and still is a Delaware corporation which transacted business
in the State of New York, with its principal place of business located at 300 Park Avenue, New York, NY
10022. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or
products containing the substance asbestos.
12. .That upon information and belief and at all times hereinafter mentioned, Defendant
CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as successor to
AMERICAN TALC COMPANY, METROPOLITAN TALC CO. INC. and CHARLES MATHIEU
INC. and SIERRA TALC COMPANY and UNITED TALC COMPANY) was and still is a Delaware
corporation which transacted business in the State ofNew York, with its principal place of business located
at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and/or products containing the substance asbestos.
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13. That upon information and belief and at all times hereinafter mentioned, Defendant
CYPRUS MINES CORPORATION was and still is a Delaware corporation which transacted business in
the State of New York, with its principal place of business located at 1 N. Central Avenue, #100, Phoenix,
AZ 85004-4416. At all times relevant, it has engaged in the manufacture, sale and distribution of materials
and/or products containing the substance asbestos.
14. That upon information and belief and at all times hereinafter mentioned, Defendant
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
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 03/03/2023 EXHIBIT 1 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 SUPREME COURT OF THE STATE OF NEW YORK EIGHTH JUDICIAL DISTRICT EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION Index No. In Re Eighth Judicial District Asbestos Litigation Plaintiff designates Erie County as the place of trial. This Document Applies to: The basis of venue is the residence of the plaintiff and one or more SUPREME COURT OF THE STATE OF NEW YORK defendants. COUNTY OF ERIE SUMMONS PATSY YOUNG 99 Kensington Avenue Plaintiff resides at 99 Kensington Buffalo, NY 14214 Avenue, Buffalo, NY Plaintiff, County of Erie against AVENTIS INC. c/o Corporation Service Company 2595 Interstate Drive, Suite 103 Harrisburg, PA 17110 AVON PRODUCTS, INC. c/o CT Corporation System 28 Liberty St 42nd Floor New York, NY 10005 BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) c/o Corporation Service Company Princeton South Corporate Center, Suite 160 100 Charles Ewing Boulevard Ewing, NJ 08628 BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) c/o Corporation Service Company Princeton South Corporate Center, Suite 160 100 Charles Ewing Boulevard Ewing, NJ 08628 1 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) c/o The Corporation Trust Company Corporation Trust Center 1209 Orange Street Wilmington, DE 19801 BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) c/o Corporation Trust Company Mountain View Office Park 820 Bear Tavern Road West Trenton, NJ 08628 CHARLES B. CHRYSTAL COMPANY, INC. 89 Coachlight Circle Prospect, CT 06712 CHATTEM, INC. (sued individually and as successor-in- interest to BLOCK DRUG successor-in- CORPORATION, interest to THE.GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) c/o Corporation Service Company 2908 Poston Avenue Nashville, TN 37203-1312 COLGATE-PALMOLIVE COMPANY c/o CT Corporation System 28 Liberty Street, 42nd Floor New York, NY 10005 CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as successor to AMERICAN TALC COMPANY, METROPOLITAN TALC CO. INC. and CHARLES MATHIEU INC. and SIERRA TALC COlVIPANY and UNITED TALC COMPANY) c/o Registered Agent Solutions, Inc. 9 E. Loockerman Street, Suite 311 Dover, DE 19901 CYPRUS MINES CORPORATION c/o Registered Agent Solutions, Inc. 9 E. Loockerman Street, Suite 311 Dover, DE 19901 -2- 2 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 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.) c/o Corporation Service Company 80 State Street Albany, NY 12207-2543 GSK CONSUMER HEALTH, INC. f/k/a NOVARTIS CONSUMER HEALTH INC. f/k/a CIBA SELF- MEDICATION, INC. c/o Corporation Service Company 80 State Street Albany, NY 12207-2543 INSIGHT PHARMACEUTICALS CORPORATION, a subsidiary of PRESTIGE BRANDS HOLDINGS, INC. c/o National Registered Agents, Inc. 160 Greentree Drive, Suite 101 Dover, DE 19904 INSIGHT PHARMACEUTICALS LLC c/o National Registered Agents, Inc. 28 Liberty Street New York, NY 10005 MACY'S INC. f/k/a FEDERATED DEPARTMENT STORES, INC. (sued individually and as successor-in- interest to TWIN FAIR, INC.) c/o Corporate Creations Network Inc. 3411 Silverside Road Tatnall Building, Suite 104 Wilmington, DE 19810 NOVARTIS CORPORATION (sued individually and as a successor-in-interest to CIBA-GEIGY CORPORATION and its subsidiaries CIBA CONSUMER PHARMACEUTICALS and CIBA SELF-MEDICATION, INC.) c/o The Prentice-Hall Corporation System 80 State Street Albany, NY 12207 -3- 3 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 NOVARTIS PHARMACEUTICALS CORPORATION (sued individually and as successor-in-interest to CIBA- GEIGY CORPORATION and its subsidiary CIBA CONSUMER PHARMACEUTICALS) c/o Corporation Service Company 80 State Street Albany, NY 12207-2543 PRESTIGE BRANDS HOLDINGS, INC. c/o National Registered Agents Inc. 4701 Cox Road, Suite 285 Glen Allen, VA 23060 PRESTIGE CONSUMER HEALTHCARE INC. f/k/a PRESTIGE BRANDS, INC. c/o National Registered Agents, Inc. 1209 Orange Street Wilmington, DE 19801 SANOFI-AVENTIS U.S. LLC (sued individually and as successor by merger to AVENTIS PHARMACEUTICALS INC.) c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 SANOFI US SERVICES, INC. c/o Corporation Service Company 80 State Street Albany, NY 12207-2543 WHITTAKER CLARK & DANIELS, INC. c/o Joe Cobuzio Tompkins, McGuire, Wacenfeld, et al. 3 Becker Farm Road, 4th Floor Roseland, NJ 07068 Defendants. 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 Plaintiff's 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 if this Summons is not personally delivered to you within the -4- 4 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: Buffalo, New York December 9, 2020 J P. COME , ESQ. SITZ & PONTERIO, LLC Attorneys for Plaintiff Office and P.O. Address 424 Main Street, Suite 1500 Buffalo, NY 14202 (716) 849-0701 SEAN KERLEY, ESQ. SIMON GREENSTONE PANATIER, PC Attorney for Plaintiff Office and P.O. Address 1201 Elm Street, Suite 3400 Dallas, TX 75270 (214) 276-7680 -5- 5 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 SUPREME COURT OF THE STATE OF NEW YORK EIGHTH JUDICIAL DISTRICT EIGHTH JUDICIAL DISTRICT In Re Eighth Judicial District ASBESTOS LITIGATION Asbestos Litigation This Document Applies to: COMPLAINT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE PATSY YOUNG, Plaintiff, vs. AVENTIS INC.; AVON PRODUCTS, INC.; BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY); BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY); BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.); BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.); CHARLES B. CHRYSTAL COMPANY, INC.; CHATTEM, INC. (sued individually and as successor-in- interest to BLOCK DRUG successor-in- CORPORATION, interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY); COLGATE-PALMOLIVE COMPANY; CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as successor to AMERICAN TALC COMPANY, METROPOLITAN TALC CO. INC. and CHARLES MATHIEU INC. and SIERRA TALC COMPANY and UNITED TALC COMPANY); 6 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 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. (sued individually and as successor-in- interest to TWIN FAIR, INC.); NOVARTIS CORPORATION (sued individually and as a successor-in-interest to CIBA-GEIGY CORPORATION and its subsidiaries CIBA CONSUMER PHARMACEUTICALS and CIBA SELF-MEDICATION, INC.); NOVARTIS PHARMACEUTICALS CORPORATION (sued individually and as successor-in-interest to CIBA-GEIGY CORPORATION and its subsidiary CIBA CONSUMER PHARMACEUTICALS); PRESTIGE BRANDS HOLDINGS, INC.; PRESTIGE CONSUMER HEALTHCARE INC. f/k/a PRESTIGE BRANDS, INC.; SANOFI-AVENTIS U.S. LLC (sued individually and as successor by merger to AVENTIS PHARMACEUTICALS INC.); SANOFI US SERVICES, INC.; and WHITTAKER CLARK & DANIELS, INC., Defendants. Comes now, Plaintiff, PATSY YOUNG, by her attorneys, LIPSITZ & PONTERIO, LLC and SIMON GREENSTONE PANATIER, PC, for her Complaint against each and every Defendant and alleges: 1. Plaintiff PATSY YOUNG resides at 99 Kensington Avenue, Buffalo, New York 14214, County of Erie. -2- 7 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 2. If it is deemed that Article 16 of the CPLR applies to this action, Plaintiff asserts that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but not limited to, the exception for cases where a person is held liable for causing the claimant's injury by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases involving any person held liable for causing claimant's injury by having unlawfully released into the environment a substance hazardous to public health, safety or the environment (CPLR 1602(9)); the exception pertaining to claims injury" against a Defendant where the claimant has sustained a "grave as defined in Section Eleven of the Workers' Compensation law to the extent of the equitable share of any person against whom the claimant Workers' is barred from asserting a cause of action because of the applicability of the Compensation Law (CPLR 1602(4)); the exception for any parties found to have acted knowingly or intentionally and in concert to cause the acts or failures upon which liability is based (CPLR 1602(11)); the exception based defendants' upon non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); and the exception for persons held liable in a product liability action where the manufacturer of the product is not a party to the action and jurisdiction over the manufacturer could not with due diligence be obtained (CPLR 1602(10)). 3. That upon information and belief and at all times hereinafter mentioned, Defendant AVENTIS INC. was and still is a Pennsylvania corporation which transacted business in the State of New York, with its principal place of business located at 55 Corporate Drive, Bridgewater, NJ 08628. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 4. That upon information and belief and at all times hereinafter mentioned, Defendant AVON PRODUCTS, INC. was and still is a New York corporation which transacted business in the State of New York, with its principal place of business located at 1 Avon Place, Suffern, NY 10901. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. -3- 8 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 5. That upon information and belief and at all times hereinafter mentioned, Defendant BLOCK DRUG COMPANY, INC. (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POW DER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a New Jersey corporation which transacted business in the State of New York, with its principal place of business located at 257 Comelison Avenue, Jersey City, NJ 07302. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 6. That upon information and belief and at all times hereinafter mentioned, Defendant BLOCK DRUG CORPORATION (sued individually and as successor-in-interest to THE GOLD BOND STERILIZING POWDER COMPANY a/k/a THE GOLD BOND COMPANY) was and still is a New Jersey corporation which transacted business in the State of New York, with its principal place of business located at 257 Cornelison Avenue, Jersey City, NJ 07302. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 7. That upon information and belief and at all times hereinafter mentioned, Defendant BRENNTAG NORTH AMERICA, INC. (sued individually and as successor-in-interest to MINERAL PIGMENT SOLUTIONS, INC. and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 5083 Pottsville Pike, Reading, PA 19605. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 8. That upon information and belief and at all times hereinafter mentioned, Defendant BRENNTAG SPECIALTIES, INC. f/k/a MINERAL PIGMENT SOLUTIONS, INC. (sued individually and as successor-in-interest to WHITTAKER CLARK & DANIELS, INC.) was and still is a Delaware corporation which transacted business in the State ofNew York, with its principal place of business located at 1000 Coolidge Street, South Plainfield, NJ 07080. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. -4- 9 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 9. That upon information and belief and at all times hereinafter mentioned, Defendant CHARLES B. CHRYSTAL COMPANY, INC. was and still is a New York corporation which transacted business in the State of New York, with its principal place of business located at 89 Coachlight Circle, Prospect, CT 06712. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 10. That upon information and belief and at all times hereinafter mentioned, Defendant CHATTEM, INC. (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) was and still is a Tennessee corporation which transacted business in the State of New York, with its principal place of business located at 1715 W. 38th Street, Chattanooga, TN 37409- 1248. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 11. That upon information and belief and at all times hereinafter mentioned, Defendant COLGATE-PALMOLIVE COMPANY was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 300 Park Avenue, New York, NY 10022. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 12. .That upon information and belief and at all times hereinafter mentioned, Defendant CYPRUS AMAX MINERALS COMPANY (sued individually, doing business as, and as successor to AMERICAN TALC COMPANY, METROPOLITAN TALC CO. INC. and CHARLES MATHIEU INC. and SIERRA TALC COMPANY and UNITED TALC COMPANY) was and still is a Delaware corporation which transacted business in the State ofNew York, with its principal place of business located at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. -5- 10 of 30 FILED: ERIE COUNTY CLERK 03/03/2023 12/10/2020 03:51 03:13 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 113 1 RECEIVED NYSCEF: 03/03/2023 12/10/2020 13. That upon information and belief and at all times hereinafter mentioned, Defendant CYPRUS MINES CORPORATION was and still is a Delaware corporation which transacted business in the State of New York, with its principal place of business located at 1 N. Central Avenue, #100, Phoenix, AZ 85004-4416. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and/or products containing the substance asbestos. 14. That upon information and belief and at all times hereinafter mentioned, Defendant 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