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SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT
ASBESTOS LITIGATION
In Re Seventh Judicial District Index No.
Asbestos Litigation
Date:
This Document Applies to: Plaintiff designates MONROE
County as the place of trial .
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE The basis of the venue is plaintiff’s
residence.
GIOVANNI NAPOLI SUMMONS
241 Avery Street
Rochester, NY 14606 Plaintiff resides at
241 Avery Street
Plaintiff, Rochester, NY 14606
against
County of Monroe
AIR & LIQUID SYSTEMS CORPORATION
as successor by merger to
BUFFALO PUMPS, INC .
c/o Corporation Service Company
80 State Street
Albany, NY 12207
All ACQUISITION, LLC
f /k/a All ACQUISITION CORP.
f/ k /a ATHLONE INDUSTRIES, INC.
f/k/a HOLLAND FURNACE COMPANY
1000 Six PPG Place
Pittsburgh, PA 15222
ALRAY CONSTRUCTION CORP .
tfk /a HEBERT CONSTRUCTION CORP .
271 Hollenbeck Street
Rochester, NY 14621
BLAIR SUPPLY CORP.
785 Beahan Road
Rochester, NY 14624
BURNHAM LLC
1239 Harrisburg Avenue
Lancaster, PA 17604
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CARRIER CORPORATION
individually and as successor in interest to
BRYANT HEATING & COOLING SYSTEMS
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
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CLEAVER BROOKS, INC.
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f /k/a AQUA CHEM, INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
CRANE CO.
c/o CT Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
CRANE CO .
as successor in interest to
NATIONAL-U .S. RADIATOR CORPORATION
c/o CT Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
ELMER W. DAVIS INC.
1217 Clifford Avenue
Rochester, NY 14621
FEDERATED DEVELOPMENT, LLC
as successor in interest to
PACIFIC STEEL BOILER and
NATIONAL-U.S. RADIATOR CORPORATION
c/o MAXXAM Inc.
1330 Post Oak Boulevard, Ste. 2000
Houston. TX 77056
FLOWSERVE CORPORATION
f /k/a THE DURIRON COMPANY, INC.
sued as successor by merger to
DURCO INTERNATIONAL
c/o CT Corporation System
28 Liberty Street , Floor 42
New York , NY 10005
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FLOWSERVE US, INC.
solely as successor to
ROCKWELL MANUFACTURING COMPANY
EDWARD VALVES, INC. and
EDWARD VOGT VALVE COMPANY
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
FOSTER WHEELER LLC
c/o United Agent Group Inc.
3411 Silverside Road, #104 Tatnall Building
Wilmington, DE 19810
FRONTIER INSULATION CONTRACTORS, INC.
f /k/a FRONTIER INSULATION AND ASBESTOS, INC.
2101 Kenmore Avenue
Buffalo, NY 14207
GENERAL ELECTRIC COMPANY
3135 Easton Turnpike
Fairfield , CT 06828
GOULDS PUMPS, INCORPORATED
f /k/a GOULDS PUMPS MERGER CORPORATION
240 Fall Street
Seneca Falls, NY 13148
GRINNELL LLC
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
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HENDERSON JOHNSON CO., INC.
918 Canal Street
Syracuse, NY 13210
HONEYWELL INTERNATIONAL INC.
f /k/a ALLIEDSIGNAL, INC.
and as successor in interest to
THE BENDIX CORPORATION
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
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IMO INDUSTRIES INC.
individually and as successor in interest to
IMO DELAVAL
c/o CT Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
INDUSTRIAL INSULATION SALES, INC.
2010 Kenmore Avenue
Buffalo, NY 14207
INSULATION DISTRIBUTORS, INC.
356 Hertel Avenue
Buffalo, NY 14207
ITT CORPORATION
f /k/a ITT INDUSTRIES, INC .
individually and as successor to
ITT FLUID PRODUCTS CORP.
ITT HOFFMAN
ITT BELL & GOSSETT COMPANY and
ITT MARLOW
1133 Westchester Avenue, Suite N300
White Plains, NY 10604
KAISER GYPSUM COMPANY, INC.
c/o Three Rivers Management, Inc.
600 River Avenue, Suite 200
Pittsburgh, PA 15212
MADER CAPITAL, INC.
c/o Larry Reger
2730 Transit Road
West Seneca, NY 14224
MADER PLASTERING CORP.
individually and as successor to
ROCHESTER ACOUSTICAL CORP.
c/o Larry Reger
2730 Transit Road
West Seneca, NY 14224
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NELES JAMESBURY, INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
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NIAGARA INSULATIONS , INC.
f /k/a NIAGARA ASBESTOS CO. , INC.
79 Perry Street
Buffalo, NY 14203
PFAUDLER, INC.
c/o CT Corporation System
28 Liberty Street , Floor 42
New York, NY 10005
R.E. HEBERT AND COMPANY, INC.
275 McKee Road
Rochester, NY 14611
RILEY POWER INC.
f /k/a BABCOCK BORSIG POWER , INC.
f/k/a DB RILEY, INC.
f /k/a RILEY STOKER CORPORATION
c/o CT Corporation System
28 Liberty Street , Floor 42
New York, NY 10005
ROCHESTER ACOUSTICAL CORP .
120 Northern Drive
Rochester, NY 14623
ROCHESTER INDUSTRIAL INSULATION, INC.
1631 Dewey Avenue
Rochester, NY 14615
THE MADER CORPORATION
2730 Transit Road
West Seneca, NY 14224
THE MARLEY-WYLAIN COMPANY
f /k/a WEIL-McLAIN
500 Blaine Street
Michigan City, IN 46360
UNION CARBIDE CORPORATION
c/o CT Corporation System
28 Liberty Street , Floor 42
New York , NY 10005
VIACOMCBS , INC.
51 W. 52 nd Street
New York, NY 10019
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WILLIAM SUMMERHAYS' SONS CORPORATION
620 S. Clinton Avenue
Rochester, NY 14620
ZURN INDUSTRIES, LLC
individually and as successor in interest to
ERIE CITY IRON WORKERS CORPORATION
do CT Corporation System
28 Liberty Street , Floor 42
New York, NY 10005
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 the Plaintiffs Attorneys 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 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
September 23, 2021
^
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J flN P. COMERFORE ESQA^
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LIPSITZ, PONTERIO & COMERpORD, LLC
Attorneys for Plaintiff V
424 Main Street, Suite 1500
Buffalo, NY 14202
(716) 849-0701
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SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT
SEVENTH JUDICIAL DISTRICT
In Re Seventh Judicial District ASBESTOS LITIGATION
Asbestos Litigation
This Document Applies to: COMPLAINT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
GIOVANNI NAPOLI,
Plaintiff ,
vs.
AIR & LIQUID SYSTEMS CORPORATION
as successor by merger to
BUFFALO PUMPS, INC.,
All ACQUISITION, LLC
Ek/a All ACQUISITION CORP .
f/k/a ATHLONE INDUSTRIES, INC.
Ek/a HOLLAND FURNACE COMPANY,
ALRAY CONSTRUCTION CORP.
I7k/a HEBERT CONSTRUCTION CORP.,
BLAIR SUPPLY CORP.,
BURNHAM LLC,
CARRIER CORPORATION
individually and as successor in interest to
BRYANT HEATING & COOLING SYSTEMS,
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CLEAVER BROOKS, INC.
f /k/a AQUA CHEM, INC.,
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CRANE CO.,
CRANE CO.
as successor in interest to
NATIONAL U.S.-RADIATOR CORPORATION ,
ELMER W. DAVIS INC.,
FEDERATED DEVELOPMENT, LLC
as successor in interest to
PACIFIC STEEL BOILER and
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NATIONAL U.S. RADIATOR CORPORATION,
FLOWSERVE CORPORATION
f /k/a THE DURIRON COMPANY, INC.
sued as successor by merger to
DURCO INTERNATIONAL,
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FLOWSERVE US, INC.
solely as successor to
ROCKWELL MANUFACTURING COMPANY
EDWARD VALVES, INC. and
EDWARD VOGT VALVE COMPANY,
FOSTER WHEELER LLC,
FRONTIER INSULATION CONTRACTORS, INC.
f /k/a FRONTIER INSULATION AND ASBESTOS, INC.,
GENERAL ELECTRIC COMPANY,
GOULDS PUMPS, INCORPORATED
f /k/a GOULDS PUMPS MERGER CORPORATION,
GRINNELL LLC,
HENDERSON-JOHNSON CO., INC ,,
HONEYWELL INTERNATIONAL INC.
f /k/a ALLIEDSIGNAL, INC.
and as successor in interest to
THE BENDIX CORPORATION ,
IMO INDUSTRIES INC.
individually and as successor in interest to
IMO DELAVAL,
INDUSTRIAL INSULATION SALES, INC.,
INSULATION DISTRIBUTORS, INC.,
ITT CORPORATION
f /k/a ITT INDUSTRIES, INC .
individually and as successor to
ITT FLUID PRODUCTS CORP.
ITT HOFFMAN
ITT BELL & GOSSETT COMPANY and
ITT MARLOW,
KAISER GYPSUM COMPANY, INC.,
MADER CAPITAL, INC.,
MADER PLASTERING CORP.
individually and as successor to
ROCHESTER ACOUSTICAL CORP.,
NELES-JAMESBURY, INC .,
NIAGARA INSULATIONS, INC.
f /k/a NIAGARA ASBESTOS CO., INC.,
PFAUDLER, INC.,
R .E. HEBERT AND COMPANY, INC.,
RILEY POWER INC.
f /k/a BABCOCK BORSIG POWER , INC.
f /k/a DB RILEY, INC.
f /k/a RILEY STOKER CORPORATION,
ROCHESTER ACOUSTICAL CORP.,
ROCHESTER INDUSTRIAL INSULATION, INC.,
THE MADER CORPORATION,
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THE MARLEY WYLAIN COMPANY
f /k/a WEIL-McLAIN,
UNION CARBIDE CORPORATION,
VIACOMCBS, INC.,
WILLIAM SUMMERHAYS’ SONS CORPORATION,
ZURN INDUSTRIES, LLC
individually and as successor in interest to
ERIE CITY IRON WORKERS CORPORATION,
Defendants.
The plaintiff, GIOVANNI NAPOLI, by his attorneys, LIPSITZ, PONTERIO &
COMERFORD, LLC, for his verified Complaint against each and every defendant alleges:
1. That at all times hereinafter mentioned , the plaintiff, GIOVANNI NAPOLI, was and
still is a citizen of the State of New York and a resident of the County of Monroe.
ARTICLE 16 ALLEGATIONS
2. If it is deemed that Article 16 of the CPLR applies to this action, the 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 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 upon defendants'
non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); the exception
pertaining to claims against a defendant where the claimant has sustained a "grave injury" as defined
in Section eleven of the Workers' Compensation Law to the extent of the equitable share of any person
against whom the claimant is barred from asserting a cause of action because of the applicability of
the Workers' Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a
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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)).
DEFENDANT ALLEGATIONS
3. That upon information and belief, at all times hereinafter mentioned, the defendant,
AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS,
INC., is a foreign business corporation authorized to do business in the State of New York , with
its principal place of business outside the State of New York. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and products containing the substance
asbestos ,
4. That upon information and belief, at all times hereinafter mentioned, the defendant,
All ACQUISITION, LLC Ek/a All ACQUISITION CORP. Ek/a ATHLONE INDUSTRIES, INC.
f/k/a HOLLAND FURNACE COMPANY , was and still is a foreign business corporation
authorized to and transacting business in the State of New York , with its principal place of business
outside the State of New York . At all times relevant it has engaged in the manufacture, sale and
distribution of materials and products containing the substance asbestos.
5. That upon information and belief, at all times hereinafter mentioned , the defendant,
ALRAY CONSTRUCTION CORP . f/k/a HEBERT CONSTRUCTION CORP., was a domestic
corporation duly organized and existing under and by virtue of the laws of the State of New York.
At all times relevant, it has engaged in the sale and distribution of materials and products containing
the substance asbestos.
6. That upon information and belief, at all times hereinafter mentioned , the defendant,
BLAIR SUPPLY CORP , , was and still is a domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the
sale and distribution of materials and products containing the substance asbestos ,
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7. That upon information and belief, at all times hereinafter mentioned, the defendant,
BURNHAM LLC, was and still is a foreign corporation which transacted business in the State of
New York. Upon further information and belief, at all times hereinafter mentioned, it has engaged
in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
8. That upon information and belief, at all times hereinafter mentioned, the defendant,
CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING &
COOLING SYSTEMS, was and still is Delaware corporation authorized to transact business in
the State ofNew York, with its principal place of business outside the State of New York. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
9. That upon information and belief, at all times hereinafter mentioned , the defendant,
CLEAVER- BROOKS, INC. f /k/a AQUA CHEM, INC., is a foreign business corporation authorized
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to transact business in the State ofNew York, with its principal place of business outside the State of
New York. Defendant, CLEAVER-BROOKS, INC. ftk/a AQUA- CHEM, INC., transacted business
on a regular systematic basis throughout New York State. That upon information and belief, at all
times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., mined,
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manufactured , produced, sold and/or supplied asbestos and asbestos containing products in its boilers,
either directly or indirectly, to sites throughout New York State.
10. That upon information and belief, at all times hereinafter mentioned , the defendant,
CRANE CO. was and still is a foreign business corporation authorized to transact business in the State
of New York, with its principal place of business outside the State of New York. At all times
relevant, it has engaged in the manufacture, sale and distribution of materials, products, and/or
equipment containing the substance asbestos.
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11. That upon information and belief, at all times hereinafter mentioned , the defendant,
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CRANE CO. as successor in interest to NATIONAL U.S. RADIATOR CORPORATION, was
and still is a foreign business corporation transacting business in the State of New York, with its
principal place of business outside the State of New York . At all times relevant it has engaged in
the manufacture, sale and distribution of materials and products containing the substance asbestos.
12. That upon information and belief, at all times hereinafter mentioned, the defendant,
ELMER W . DAVIS INC., was and still is a domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale
and distribution of materials and products containing the substance asbestos.
13. That upon information and belief, at all times hereinafter mentioned , the defendant,
FEDERATED DEVELOPMENT, LLC as successor in interest to PACIFIC STEEL BOILER and
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NATIONAL U.S. RADIATOR CORPORATION, was and still is a foreign corporation
transacting business in the State of New York, with its principal place of business outside the State
of New York . At all times relevant, it has engaged in the manufacture, saie and distribution of
materials, products, and/or equipment containing the substance asbestos.
14. That upon information and belief, at all times hereinafter mentioned , the defendant,
FLOWSERVE CORPORATION f /k/a THE DURIRON COMPANY , INC. sued as successor by
merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly
organized and existing under and by virtue of the laws of the State of New York. At all times
relevant, it has engaged in the saie and distribution of materials and products containing the
substance asbestos.
15. That upon information and belief, at all times hereinafter mentioned, the defendant ,
FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY,
EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign
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business corporation authorized to and transacting business in the State of New York, with its
principal place of business outside the State of New York. At all times relevant, it has engaged
in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
16. That upon information and belief, at all times hereinafter mentioned, the defendant,
FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and
distribution of materials and products containing the substance asbestos.
17. That upon information and belief, at all times hereinafter mentioned , the defendant,
FRONTIER INSULATION CONTRACTORS, INC. f /k/a FRONTIER INSULATION AND
ASBESTOS, INC., was and still is a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and
distribution of materials and products containing the substance asbestos.
18. That upon information and belief, at all times hereinafter mentioned, the defendant,
GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos .
19. That upon information and belief, at all times hereinafter mentioned, the defendant,
GOULDS PUMPS INCORPORATED ftk/a GOULDS PUMPS MERGER CORPORATION, was
and still is a foreign business corporation authorized to and transacting business in the State of New
York, with its principal place of business outside the State of New York . At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
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20. That upon information and belief, at all times hereinafter mentioned, the defendant,
GRINNELL LLC, was and still is a foreign business corporation transacting business in the State of
New York, with its principal place of business outside the State of New York . At all times relevant,
it has engaged in the manufacture, sale and distribution of materials, products and/or equipment
containing the substance asbestos.
21. That upon information and belief, at all times hereinafter mentioned , the defendant ,
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HENDERSON JOHNSON CO., INC., was and still is a domestic business corporation duly
organized and existing under and by virtue of the laws of the State of New York . At all times
relevant , it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
22 . That upon infonnation and belief, at all times hereinafter mentioned , the defendant ,
HONEYWELL INTERNATIONAL INC. f /k/a ALLIEDSIGNAL, INC. and as successor in interest
to THE BENDIX CORPORATION, is a foreign business corporation authorized to transact business
in the State of New York, with its principal place of business outside the State of New York . At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
23. That upon information and belief, at all times hereinafter mentioned, the defendant,
IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and still
is a foreign corporation authorized to do business within the State of New York with its principal
place of business outside the State of New York . At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
24. That upon information and belief, at all times hereinafter mentioned, the defendant,
INDUSTRIAL INSULATION SALES, INC ,, was and still is a domestic corporation duly organized
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and existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale and distribution of materials and products containing the substance asbestos.
25. That upon information and belief, at all times hereinafter mentioned, the defendant,
INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing
under and by virtue of the laws of the State of New York . At all times relevant, it has engaged in the
sale and distribution of materials and products containing the substance asbestos ,
26. That upon information and belief, at all times hereinafter mentioned , the defendant,
ITT CORPORATION f /k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID
PRODUCTS CORP, ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT MARLOW,
was and still is a foreign corporation authorized to do business within the State of New York with its
principal place of business outside the State of New York . At all times relevant it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
27. That upon information and belief, at all times hereinafter mentioned , the defendant ,
KAISER GYPSUM COMPANY, INC., was and still is a foreign business corporation authorized
to transact business in the State of New York , with its principal place of business outside the State
of New York , At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and products containing the substance asbestos .
28. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER CAPITAL, INC., was and still is a successor in interest to THE MADER CORPORATION
and ROCHESTER ACOUSTICAL CORP., and is a domestic corporation duly organized and
existing under any by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale and distribution of materials and products containing the substance asbestos.
29 . That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL
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CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the
laws of the State of New York. At all times relevant , it has engaged in the sale and distribution of
materials and products containing the substance asbestos.
30. That upon information and belief, at all times hereinafter mentioned, the defendant,
NELES-JAMESBURY, INC ., is a foreign business corporation transacting business in the State
of New York with its principal place of business outside the State of New York. At all times
relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
31 . That upon information and belief, at all times hereinafter mentioned, the defendant,
NIAGARA INSULATIONS, INC. ftk/a NIAGARA ASBESTOS CO., INC., was and still is a
domestic corporation duly organized and existing under and by virtue of the laws of the State of New
York. At all times relevant , it has engaged in the sale and distribution of materials and products
containing the substance asbestos .
32 . That upon information and belief, at all times hereinafter mentioned , the defendant,
PFAUDLER, INC., was and still is a foreign corporation authorized to transact business in the State
of New York. At all times hereinafter mentioned, it has engaged in the manufacture, sale and
distribution of materials and products containing the substance asbestos.
33 . That upon information and belief, at all times hereinafter mentioned , the defendant ,
R.E. HEBERT AND COMPANY, INC., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale and distribution of materials and products containing the substance asbestos.
34. That upon information and belief, at all times hereinafter mentioned, the defendant ,
RILEY POWER INC. ftk/a BABCOCK BORSIG POWER, INC. ftk/a DB RILEY, INC. f/k/a
RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and
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transacting business in the State of New York. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
35. That upon information and belief, at all times hereinafter mentioned , the defendant,
ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the sale, distribution and application of materials and products containing the substance
asbestos.
36. That upon information and belief, at all times hereinafter mentioned, the defendant,
ROCHESTER INDUSTRIAL INSULATION, INC., was and still is a domestic corporation duly
organized and existing under and by virtue of the laws of the State of New York. At all times relevant,
it has engaged in the sale and distribution of materials and products containing the substance asbestos.
37. That upon information and belief, at all times hereinafter mentioned, the defendant,
THE MADER CORPORATION was a domestic corporation duly organized and existing under and
by virtue of the laws of the State of New York. At all times relevant, it engaged in the sale and
distribution of materials and products containing the substance asbestos.
38. That upon information and belief, at all times hereinafter mentioned , the defendant,
THE MARLEY-WYLAIN COMPANY f/k/a WEIL-McLAIN, was and still is a foreign corporation
which transacted business in the State of New York, with its principal place of business outside the
State of New York. Upon further information and belief, at all times hereinafter mentioned, it has
engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
39. That upon information and belief, at all times hereinafter mentioned, the defendant,
UNION CARBIDE CORPORATION, was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
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engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
40. That upon information and belief, at all times hereinafter mentioned , the defendant ,
VIACOMCBS, INC., is a foreign business corporation authorized to transact business in the State of
New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials
and products containing the substance asbestos.
41. That upon information and belief, at all times hereinafter mentioned, the defendant,
WILLIAM SUMMERHAYS1 SONS CORPORATION, was and still is a domestic corporation duly
organized and existing underand by virtue of the laws of the State of New York. At all times relevant ,
it has engaged in the sale and distribution of materials and products containing the substance asbestos.
42. That upon information and belief, at all times hereinafter mentioned, the defendant,
ZURN INDUSTRIES, LLC, individually and as successor in interest to ERIE CITY IRON
WORKERS CORPORATION, is a foreign corporation authorized to and transacting business in the
State of New York, with its principal place of business outside the State of New York . At all times
relevant it has engaged in the manufacture, sale and distribution of materials and products containing
the substance asbestos.
ALLEGATIONS OF FACT
43. For a number of years, plaintiff handled in the course of his employment or was
otherwise exposed to large amounts of various asbestos - containing products and materials
manufactured and marketed by the above- captioned defendants due to the use of asbestos materials
-
and products by his co employees and others. Plaintiffs exposure to asbestos ended in 1979.
44. That upon information and belief, asbestos and asbestos-containing products and
materials were mined, manufactured , compounded and fabricated by the defendants, acting through
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Preview
FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 150 RECEIVED NYSCEF: 01/31/2023 EXHIBIT A FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 [ FILED NYSCEF : MONROE DOC. NO. 150 COUNTY CLERK 0 9 / 2 3 / 2 0 2 1 1 1 : 1 7 A M RECEIVED MO. E2021008748 INDEXNYSCEF: 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION In Re Seventh Judicial District Index No. Asbestos Litigation Date: This Document Applies to: Plaintiff designates MONROE County as the place of trial . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE The basis of the venue is plaintiff’s residence. GIOVANNI NAPOLI SUMMONS 241 Avery Street Rochester, NY 14606 Plaintiff resides at 241 Avery Street Plaintiff, Rochester, NY 14606 against County of Monroe AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC . c/o Corporation Service Company 80 State Street Albany, NY 12207 All ACQUISITION, LLC f /k/a All ACQUISITION CORP. f/ k /a ATHLONE INDUSTRIES, INC. f/k/a HOLLAND FURNACE COMPANY 1000 Six PPG Place Pittsburgh, PA 15222 ALRAY CONSTRUCTION CORP . tfk /a HEBERT CONSTRUCTION CORP . 271 Hollenbeck Street Rochester, NY 14621 BLAIR SUPPLY CORP. 785 Beahan Road Rochester, NY 14624 BURNHAM LLC 1239 Harrisburg Avenue Lancaster, PA 17604 2 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 FILED NYSCEF : MONROE DOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM INDEXNYSCEF: RECEIVED NO. E2021008748 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 - CLEAVER BROOKS, INC. - f /k/a AQUA CHEM, INC. c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 CRANE CO. c/o CT Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 CRANE CO . as successor in interest to NATIONAL-U .S. RADIATOR CORPORATION c/o CT Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 ELMER W. DAVIS INC. 1217 Clifford Avenue Rochester, NY 14621 FEDERATED DEVELOPMENT, LLC as successor in interest to PACIFIC STEEL BOILER and NATIONAL-U.S. RADIATOR CORPORATION c/o MAXXAM Inc. 1330 Post Oak Boulevard, Ste. 2000 Houston. TX 77056 FLOWSERVE CORPORATION f /k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL c/o CT Corporation System 28 Liberty Street , Floor 42 New York , NY 10005 -2- 3 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 1 FILED NYSCEF DOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11:17 AM) : MONROE INDEX RECEIVED NO. E2021008748 NYSCEF: 01/31/2023 MYSCEF DOC. NO. 1 R E C E I V E D M Y S C E F: 09/23/2021 FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 FOSTER WHEELER LLC c/o United Agent Group Inc. 3411 Silverside Road, #104 Tatnall Building Wilmington, DE 19810 FRONTIER INSULATION CONTRACTORS, INC. f /k/a FRONTIER INSULATION AND ASBESTOS, INC. 2101 Kenmore Avenue Buffalo, NY 14207 GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield , CT 06828 GOULDS PUMPS, INCORPORATED f /k/a GOULDS PUMPS MERGER CORPORATION 240 Fall Street Seneca Falls, NY 13148 GRINNELL LLC c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 - HENDERSON JOHNSON CO., INC. 918 Canal Street Syracuse, NY 13210 HONEYWELL INTERNATIONAL INC. f /k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 -3- 4 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 IFILED NYSCEF : MONROE DOC. NO. 150 COUNTY CLERK 09 / 23 /2021 11: 17 AM) INDEXNYSCEF: RECEIVED NO. E2021008748 01/31/2023 MYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 IMO INDUSTRIES INC. individually and as successor in interest to IMO DELAVAL c/o CT Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 INDUSTRIAL INSULATION SALES, INC. 2010 Kenmore Avenue Buffalo, NY 14207 INSULATION DISTRIBUTORS, INC. 356 Hertel Avenue Buffalo, NY 14207 ITT CORPORATION f /k/a ITT INDUSTRIES, INC . individually and as successor to ITT FLUID PRODUCTS CORP. ITT HOFFMAN ITT BELL & GOSSETT COMPANY and ITT MARLOW 1133 Westchester Avenue, Suite N300 White Plains, NY 10604 KAISER GYPSUM COMPANY, INC. c/o Three Rivers Management, Inc. 600 River Avenue, Suite 200 Pittsburgh, PA 15212 MADER CAPITAL, INC. c/o Larry Reger 2730 Transit Road West Seneca, NY 14224 MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL CORP. c/o Larry Reger 2730 Transit Road West Seneca, NY 14224 - NELES JAMESBURY, INC. c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 -4- 5 of 36 INDEX NO. 451540/2021 i FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM FILED NYSCEF : MONROE DOC. NO. 150 COUNTY CLERK 09 /23 / 2021 11 : 17 AM| INDEXNYSCEF: RECEIVED NO. E2021008748 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED N'/SCEF: 09/23/2021 NIAGARA INSULATIONS , INC. f /k/a NIAGARA ASBESTOS CO. , INC. 79 Perry Street Buffalo, NY 14203 PFAUDLER, INC. c/o CT Corporation System 28 Liberty Street , Floor 42 New York, NY 10005 R.E. HEBERT AND COMPANY, INC. 275 McKee Road Rochester, NY 14611 RILEY POWER INC. f /k/a BABCOCK BORSIG POWER , INC. f/k/a DB RILEY, INC. f /k/a RILEY STOKER CORPORATION c/o CT Corporation System 28 Liberty Street , Floor 42 New York, NY 10005 ROCHESTER ACOUSTICAL CORP . 120 Northern Drive Rochester, NY 14623 ROCHESTER INDUSTRIAL INSULATION, INC. 1631 Dewey Avenue Rochester, NY 14615 THE MADER CORPORATION 2730 Transit Road West Seneca, NY 14224 THE MARLEY-WYLAIN COMPANY f /k/a WEIL-McLAIN 500 Blaine Street Michigan City, IN 46360 UNION CARBIDE CORPORATION c/o CT Corporation System 28 Liberty Street , Floor 42 New York , NY 10005 VIACOMCBS , INC. 51 W. 52 nd Street New York, NY 10019 -5- 6 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF (FILEDDOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM) : MONROE RECEIVED NO . E2021008748 INDEXNYSCEF: 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 WILLIAM SUMMERHAYS' SONS CORPORATION 620 S. Clinton Avenue Rochester, NY 14620 ZURN INDUSTRIES, LLC individually and as successor in interest to ERIE CITY IRON WORKERS CORPORATION do CT Corporation System 28 Liberty Street , Floor 42 New York, NY 10005 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 the Plaintiffs Attorneys 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 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 September 23, 2021 ^ ' ' J flN P. COMERFORE ESQA^ ^ LIPSITZ, PONTERIO & COMERpORD, LLC Attorneys for Plaintiff V 424 Main Street, Suite 1500 Buffalo, NY 14202 (716) 849-0701 -6- 7 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. IFILED NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM) : MONROE RECEIVED NO. E2021008748 INDEXNYSCEF: 01/31/2023 NYSCEF DOC . NO . 1 RECEIVED NYSCEF: 09/23/2021 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District ASBESTOS LITIGATION Asbestos Litigation This Document Applies to: COMPLAINT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE GIOVANNI NAPOLI, Plaintiff , vs. AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., All ACQUISITION, LLC Ek/a All ACQUISITION CORP . f/k/a ATHLONE INDUSTRIES, INC. Ek/a HOLLAND FURNACE COMPANY, ALRAY CONSTRUCTION CORP. I7k/a HEBERT CONSTRUCTION CORP., BLAIR SUPPLY CORP., BURNHAM LLC, CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, - CLEAVER BROOKS, INC. f /k/a AQUA CHEM, INC., - CRANE CO., CRANE CO. as successor in interest to NATIONAL U.S.-RADIATOR CORPORATION , ELMER W. DAVIS INC., FEDERATED DEVELOPMENT, LLC as successor in interest to PACIFIC STEEL BOILER and - NATIONAL U.S. RADIATOR CORPORATION, FLOWSERVE CORPORATION f /k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL, 8 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF [FILEDDOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM : MONROE RECEIVED NYSCEF: INDEX 01/31/2023 NO . E2021008748 NYSCEE DOC. NO . 1 RECEIVED NYSCEF: 09/23/2021 FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, FOSTER WHEELER LLC, FRONTIER INSULATION CONTRACTORS, INC. f /k/a FRONTIER INSULATION AND ASBESTOS, INC., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INCORPORATED f /k/a GOULDS PUMPS MERGER CORPORATION, GRINNELL LLC, HENDERSON-JOHNSON CO., INC ,, HONEYWELL INTERNATIONAL INC. f /k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION , IMO INDUSTRIES INC. individually and as successor in interest to IMO DELAVAL, INDUSTRIAL INSULATION SALES, INC., INSULATION DISTRIBUTORS, INC., ITT CORPORATION f /k/a ITT INDUSTRIES, INC . individually and as successor to ITT FLUID PRODUCTS CORP. ITT HOFFMAN ITT BELL & GOSSETT COMPANY and ITT MARLOW, KAISER GYPSUM COMPANY, INC., MADER CAPITAL, INC., MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL CORP., NELES-JAMESBURY, INC ., NIAGARA INSULATIONS, INC. f /k/a NIAGARA ASBESTOS CO., INC., PFAUDLER, INC., R .E. HEBERT AND COMPANY, INC., RILEY POWER INC. f /k/a BABCOCK BORSIG POWER , INC. f /k/a DB RILEY, INC. f /k/a RILEY STOKER CORPORATION, ROCHESTER ACOUSTICAL CORP., ROCHESTER INDUSTRIAL INSULATION, INC., THE MADER CORPORATION, -2- 9 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 RECEIVED NYSCEF: INDEX 01/31/2023 NO. E2021008748 FILED : MONROE AMI NYSCEF DOC. MO . 1 RECEIVED MYSCEF : 09/23/2021 - THE MARLEY WYLAIN COMPANY f /k/a WEIL-McLAIN, UNION CARBIDE CORPORATION, VIACOMCBS, INC., WILLIAM SUMMERHAYS’ SONS CORPORATION, ZURN INDUSTRIES, LLC individually and as successor in interest to ERIE CITY IRON WORKERS CORPORATION, Defendants. The plaintiff, GIOVANNI NAPOLI, by his attorneys, LIPSITZ, PONTERIO & COMERFORD, LLC, for his verified Complaint against each and every defendant alleges: 1. That at all times hereinafter mentioned , the plaintiff, GIOVANNI NAPOLI, was and still is a citizen of the State of New York and a resident of the County of Monroe. ARTICLE 16 ALLEGATIONS 2. If it is deemed that Article 16 of the CPLR applies to this action, the 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 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 upon defendants' non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); the exception pertaining to claims against a defendant where the claimant has sustained a "grave injury" as defined in Section eleven of the Workers' Compensation Law to the extent of the equitable share of any person against whom the claimant is barred from asserting a cause of action because of the applicability of the Workers' Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a -3- 10 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. ( FILED NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM) : MONROE INDEXNYSCEF: RECEIVED NO. E2021008748 01/31/2023 MYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 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)). DEFENDANT ALLEGATIONS 3. That upon information and belief, at all times hereinafter mentioned, the defendant, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., is a foreign business corporation authorized to do business in the State of New York , with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos , 4. That upon information and belief, at all times hereinafter mentioned, the defendant, All ACQUISITION, LLC Ek/a All ACQUISITION CORP. Ek/a ATHLONE INDUSTRIES, INC. f/k/a HOLLAND FURNACE COMPANY , was and still is a foreign business corporation authorized to and transacting business in the State of New York , with its principal place of business outside the State of New York . At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 5. That upon information and belief, at all times hereinafter mentioned , the defendant, ALRAY CONSTRUCTION CORP . f/k/a HEBERT CONSTRUCTION CORP., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 6. That upon information and belief, at all times hereinafter mentioned , the defendant, BLAIR SUPPLY CORP , , was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos , -4- 11 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF FILEDDOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM : MONROE RECEIVED INDEXNYSCEF: 01/31/2023 NO. E2021008748 NYSCEF DOC . NO. 1 RECEIVED NYSCEF: 09/23/2021 7. That upon information and belief, at all times hereinafter mentioned, the defendant, BURNHAM LLC, was and still is a foreign corporation which transacted business in the State of New York. Upon further information and belief, at all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 8. That upon information and belief, at all times hereinafter mentioned, the defendant, CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, was and still is Delaware corporation authorized to transact business in the State ofNew York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 9. That upon information and belief, at all times hereinafter mentioned , the defendant, CLEAVER- BROOKS, INC. f /k/a AQUA CHEM, INC., is a foreign business corporation authorized - to transact business in the State ofNew York, with its principal place of business outside the State of New York. Defendant, CLEAVER-BROOKS, INC. ftk/a AQUA- CHEM, INC., transacted business on a regular systematic basis throughout New York State. That upon information and belief, at all times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., mined, - manufactured , produced, sold and/or supplied asbestos and asbestos containing products in its boilers, either directly or indirectly, to sites throughout New York State. 10. That upon information and belief, at all times hereinafter mentioned , the defendant, CRANE CO. was and still is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products, and/or equipment containing the substance asbestos. -5- 12 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. I FILED NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AMI : MONROE RECEIVED NYSCEF: INDEX NO. E2 01/31/2023 Q 21008748 MYSCEF DOC. NO . 1 RECEIVED MYSCEF: 09/23/2021 11. That upon information and belief, at all times hereinafter mentioned , the defendant, - CRANE CO. as successor in interest to NATIONAL U.S. RADIATOR CORPORATION, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York . At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 12. That upon information and belief, at all times hereinafter mentioned, the defendant, ELMER W . DAVIS INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 13. That upon information and belief, at all times hereinafter mentioned , the defendant, FEDERATED DEVELOPMENT, LLC as successor in interest to PACIFIC STEEL BOILER and - NATIONAL U.S. RADIATOR CORPORATION, was and still is a foreign corporation transacting business in the State of New York, with its principal place of business outside the State of New York . At all times relevant, it has engaged in the manufacture, saie and distribution of materials, products, and/or equipment containing the substance asbestos. 14. That upon information and belief, at all times hereinafter mentioned , the defendant, FLOWSERVE CORPORATION f /k/a THE DURIRON COMPANY , INC. sued as successor by merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the saie and distribution of materials and products containing the substance asbestos. 15. That upon information and belief, at all times hereinafter mentioned, the defendant , FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY, EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign -6- 13 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. [ FILED NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AMl : MONROE RECEIVED INDEXNYSCEF: 01/31/2023 NO . E2021008748 NYSCEF DOC . MO . 1 RECEIVED NYSCEF: 09/23/2021 1 business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 16. That upon information and belief, at all times hereinafter mentioned, the defendant, FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 17. That upon information and belief, at all times hereinafter mentioned , the defendant, FRONTIER INSULATION CONTRACTORS, INC. f /k/a FRONTIER INSULATION AND ASBESTOS, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 18. That upon information and belief, at all times hereinafter mentioned, the defendant, GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos . 19. That upon information and belief, at all times hereinafter mentioned, the defendant, GOULDS PUMPS INCORPORATED ftk/a GOULDS PUMPS MERGER CORPORATION, was and still is a foreign business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York . At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. -7- 14 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NO. 150 COUNTS CLERK 09 / 23 / 2021 11 : 17 AM] ' NYSCEF IFILEDDOC. : MONROE RECEIVED INDEXNYSCEF: 01/31/2023 NO. E2021008748 NYSCEF DOC. NO. 1 RECEIVED MYSCEF : 09/23/2021 20. That upon information and belief, at all times hereinafter mentioned, the defendant, GRINNELL LLC, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York . At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. 21. That upon information and belief, at all times hereinafter mentioned , the defendant , - HENDERSON JOHNSON CO., INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York . At all times relevant , it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 22 . That upon infonnation and belief, at all times hereinafter mentioned , the defendant , HONEYWELL INTERNATIONAL INC. f /k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION, is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York . At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 23. That upon information and belief, at all times hereinafter mentioned, the defendant, IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York . At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 24. That upon information and belief, at all times hereinafter mentioned, the defendant, INDUSTRIAL INSULATION SALES, INC ,, was and still is a domestic corporation duly organized -8- 15 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 IFILED NYSCEF DOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM ] : MONROE RECEIVED NYSCEF: INDEX 01/31/2023 NO. E2021008748 NYSCEF DOC . NO . 1 RECEIVED NYSCEF: 09/23/2021 and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 25. That upon information and belief, at all times hereinafter mentioned, the defendant, INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York . At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos , 26. That upon information and belief, at all times hereinafter mentioned , the defendant, ITT CORPORATION f /k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS CORP, ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT MARLOW, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York . At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 27. That upon information and belief, at all times hereinafter mentioned , the defendant , KAISER GYPSUM COMPANY, INC., was and still is a foreign business corporation authorized to transact business in the State of New York , with its principal place of business outside the State of New York , At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos . 28. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER CAPITAL, INC., was and still is a successor in interest to THE MADER CORPORATION and ROCHESTER ACOUSTICAL CORP., and is a domestic corporation duly organized and existing under any by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 29 . That upon information and belief, at all times hereinafter mentioned, the defendant, MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL -9- 16 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 IFILED NYSCEF DOC. NO. 150 COUNTY CLERK 09 / 23 /2021 11 : 17 AM) : MONROE RECEIVED NO . E2021008748 INDEXNYSCEF: 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/ 23/2021 CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant , it has engaged in the sale and distribution of materials and products containing the substance asbestos. 30. That upon information and belief, at all times hereinafter mentioned, the defendant, NELES-JAMESBURY, INC ., is a foreign business corporation transacting business in the State of New York with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 31 . That upon information and belief, at all times hereinafter mentioned, the defendant, NIAGARA INSULATIONS, INC. ftk/a NIAGARA ASBESTOS CO., INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant , it has engaged in the sale and distribution of materials and products containing the substance asbestos . 32 . That upon information and belief, at all times hereinafter mentioned , the defendant, PFAUDLER, INC., was and still is a foreign corporation authorized to transact business in the State of New York. At all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 33 . That upon information and belief, at all times hereinafter mentioned , the defendant , R.E. HEBERT AND COMPANY, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 34. That upon information and belief, at all times hereinafter mentioned, the defendant , RILEY POWER INC. ftk/a BABCOCK BORSIG POWER, INC. ftk/a DB RILEY, INC. f/k/a RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and - 10 - 17 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 NYSCEF DOC. [ FILED NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AMj : MONROE INDEXNYSCEF: RECEIVED NO . E2021008748 01/31/2023 MYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/23/2021 transacting business in the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 35. That upon information and belief, at all times hereinafter mentioned , the defendant, ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale, distribution and application of materials and products containing the substance asbestos. 36. That upon information and belief, at all times hereinafter mentioned, the defendant, ROCHESTER INDUSTRIAL INSULATION, INC., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 37. That upon information and belief, at all times hereinafter mentioned, the defendant, THE MADER CORPORATION was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it engaged in the sale and distribution of materials and products containing the substance asbestos. 38. That upon information and belief, at all times hereinafter mentioned , the defendant, THE MARLEY-WYLAIN COMPANY f/k/a WEIL-McLAIN, was and still is a foreign corporation which transacted business in the State of New York, with its principal place of business outside the State of New York. Upon further information and belief, at all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 39. That upon information and belief, at all times hereinafter mentioned, the defendant, UNION CARBIDE CORPORATION, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has - 11 - 18 of 36 FILED: NEW YORK COUNTY CLERK 01/31/2023 03:45 PM INDEX NO. 451540/2021 IFILED NYSCEF DOC. NO. 150 COUNTY CLERK 09 / 23 / 2021 11 : 17 AM] : MONROE RECEIVED NO. E2021008748 NYSCEF: INDEX 01/31/2023 NYSCEF DOC. NO. 1 RECEIVED MYSCEF: 09/23/2021 engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 40. That upon information and belief, at all times hereinafter mentioned , the defendant , VIACOMCBS, INC., is a foreign business corporation authorized to transact business in the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 41. That upon information and belief, at all times hereinafter mentioned, the defendant, WILLIAM SUMMERHAYS1 SONS CORPORATION, was and still is a domestic corporation duly organized and existing underand by virtue of the laws of the State of New York. At all times relevant , it has engaged in the sale and distribution of materials and products containing the substance asbestos. 42. That upon information and belief, at all times hereinafter mentioned, the defendant, ZURN INDUSTRIES, LLC, individually and as successor in interest to ERIE CITY IRON WORKERS CORPORATION, is a foreign corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York . At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ALLEGATIONS OF FACT 43. For a number of years, plaintiff handled in the course of his employment or was otherwise exposed to large amounts of various asbestos - containing products and materials manufactured and marketed by the above- captioned defendants due to the use of asbestos materials - and products by his co employees and others. Plaintiffs exposure to asbestos ended in 1979. 44. That upon information and belief, asbestos and asbestos-containing products and materials were mined, manufactured , compounded and fabricated by the defendants, acting through - 12 -