On January 10, 2017 a Letter,Correspondence was filed involving a dispute between Stacey Lynn Brown As Administratrix Of The Estate Of Steven L. Hall, Deceased, and Ace Hardware, Ace Hardware Corporation, Air & Liquid Systems Corporation, As Successor By Merger To Buffalo Pumps, Inc., Alfa Laval, Inc., Allegheny Teledyne Incorporated, Individually And As Successor To Allegheny Technologies Incorporated And Farris Valves And Or Sprague Pumps, Amec Construction Management, Inc., American Biltrite, Inc., Individually And Successor To Amtico Floors, Amtrol, Inc., Individually And As Successor To Thrush Products, Inc., A.O. Smith Water Products, Armstrong International, Inc., Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc., Auburn Technology, Inc. F K A Alco Power, Inc., Aurora Pump Company, Bechtel Corporation, Blackmer Pump, Borgwarner Morse Tec Llc, Bw Ip International Co., Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps, Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation, Certain-Teed Corporation, Clark-Reliance Corporation, Individually And As Successor To Jerguson, Cleaver-Brooks Company F K A Aqua-Chem, Inc., Courter & Company, Inc., Crane Co., Individually And As Successor To Cochrane, Croll-Reynolds Engineering Company, Inc., Crosby Valve And Gage Company, Crosby Valve, Inc., Cytec Engineered Materials, Inc. F K A Fiberite Corporation And A K A Ici Composites, Inc., Cytec Industries Inc., Individually And As Successor To American Cyanamid Company, Dap, Inc. K N A La Mirada Products Co., Inc., Dean Pump Division, Dezurik, Inc., Durez Corporation, Duro Dyne Corporation, E.I. Team, Inc. F K A J.L. Murphy, Inc., Electrolux Home Products, Inc., Individually And As Successor To Tappan And Copes-Vulcan, Elliott Turbomachinery Co., Inc., Fairbanks Company, Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company, Fmc Corporation, Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company, Foster Wheeler, Llc, Gardner Denver, Inc., General Electric Company, Genuine Partscompany, George A. Fuller Company, Georgia-Pacific Corporation, Individually And As Successor To Bestwall Gypsum Company, Gg Of Florida, Inc., F K A Higbee, Inc., Goodall Rubber Co., Goulds Pumps, Inc., Greene, Tweed & Co., Llp, Individually And As Successor To Palmetto Packings, Grinnell Corporation, Henry Technologies, Inc., Hexion Specialty Chemicals, Inc. F K A Borden Chemical, Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp., Howden Buffalo, Inc., Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan, Imo Industries, Inc. F K A Delaval, Inc., Individually And As Successor To Turbine Equipment Company, I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett, I.T.T. Industries, Inc., Individually And As Successor To Hoffman Specialty, Bell & Gossett, And Foster Engineering, Jenkins Bros., John Crane, Inc., Kaiser Gypsum Company, Inc., Koppers Company, Inc., Koppers Industries, Inc., Lighttolier Incorporated, Maremont Corporation, Individually And As Successor To Grizzly, Metropolitan Life Insurance Co., Morse Diesel, Inc., Morse Diesel International, Inc., Napa Auto Parts A K A National Automotive Parts Association, Nash Engineering Company, Northrop Grumman Corporation, Individually And As Successor To George A. Fuller Company, Occidental Chemical Corporation, Individually And As Successor To Durez Corporation, Owens-Illinois, Inc., Patterson Pump Company, A Subsidiary Of The Gorman-Rupp Company And Individually And As Successor To C.H. Wheeler Manufacturing And Griscom Russell, Plastics Engineering Company, Individually And As Successor To Plenco, Pneumo Abex Corporation, Pneumo-Abex Llc, Individually And As Successor To Abex Corporation, A Delaware Corporation, Progress Lighting, Inc., Research-Cottrell, Inc. N K A Awt Air Company, Inc., Riley Power, Inc. F K A Babcock Borsig Power, Inc. And F K A Riley Stoker Corporation D B A Db Riley, Inc., Rogers Corporation, R.T Vanderbilt Company, Inc., Individually And As Successor To International Tale Co., International Pulp Co., And Governeur Tale Co., Inc., Sid Harvey Industries, Inc., Sid Harvey Supply, Inc., Spence Engineering Company, Inc., Spirax Sarco, Inc., Spx Cooling Technologies, Inc., Individually As Successor To Marley Cooling Technologies And Marley Cooling Towers, Superior Lidgerwood Mundy Corp., A K A Lidgerwood Manufacturing Co., Individually And As Successor To M.T. Davidson Co., Thomas O'Connor & Company, Inc., Currently Known As O'Connor Constructors, Inc., Thrush Co., Inc., Treadwell Corporation, Turner Construction Company, Tuthill Corporation, Individually And As Successor To Kinney Vacuum Pump Company, Kinney Pump Company And Murray Turbine, Tyco Flow Control, Inc., Individually And As Successor To Keystone And Grinnell Corporation, Tyco International, Union Carbide Corporation, Union Pumps, As A Textron Company, United Conveyor Corporation, Velan Valve Corp., Warren Pumps, Llc, Individually And As Successor To The Quimby Pump Company, William Powell Company, Wolff & Munier, Inc., York International Corporation, Individually And As Successor To Frick Company, Yuba Heat Transfer, A Division Of Connell Limited Partnership N K A Spx Heat Transfer Llc, Zurn Industries, Inc. A K A And Successor-In-Interest To Erie City Iron Works, for Torts - Asbestos in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 04/24/2018 01:37 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 455 RECEIVED NYSCEF: 04/24/2018 BARCLAY DAM ON E. Meghan Dwyer . Counsel . April 24, 2018 Via NYSCEF and E-Mail (jweitz@weitzlux.com) Justin Weitz, Esq. WEITZ 4 LUXENBERG, PC 700 Broadway New York, New York 10003 Re: Russell Leavitt v. Cytec Engineered Materials Inc., et at New York County Index No.: 190012/2017 Dear Mr. Weitz: Based upon the discovery conducted in this action to date, including plaintiff's deposition testimony, there is no product identification of defendant, Cytec Engineered Materials Inc. (sued herein as Cytec Industries, Inc., Individually and as Successor in interest to Fiberite, Inc.), or any evidence that Mr. Leavitt was exposed to asbestos from a product for which Cytec Engineered Materials Inc. is responsible. As such, I have attached a proposed No-Opposition Summary Judgment Motion and Order ("NOSJM") as to Cytec Engineered Materials Inc., which I ask that you sign and return to me for filing. If you choose not to execute the NOSJM, please provide me, in writing, with the evidentiary basis for continuing litigation against this defendant. Please do not hesitate to contact me with any questions or if you would like to discuss the matter further. Very truly oyrs, E. Me wyer Attachment cc: All Defense Counsel of Record (via NYSCEF) The Avant - 200 Delaware Avenue - Buffalo, New York 14202 barclaydamon.com Building mdwyer@barclaydamon.com Direct:716.858.3823 Fax: 716.768.2823 15091098.t 1 of 2 FILED: NEW YORK COUNTY CLERK 04/24/2018 01:37 PM INDEX NO. 190012/2017 NYSCEF DOC. NO. 455 RECEIVED NYSCEF: 04/24/2018 SUPREME COURT OF THE STATE OF NEW YORK FIRST JUDICIAL DISTRICT In Re: First Judicial District Asbestos Litigation This Document Applies to: UNOPPOSED SUMMARY SUPREME COURT OF THE STATE OF NEW YORK JUDGMENT MOTION AND COUNTY OF NEW YORK ORDER AS TO CYTEC ENGINEERED RUSSELL LEAVITT and JOYCE LEAVITT, INC. MATERIALS, Plaintiffs, Index No.: 190012/2017 vs. A.O. SMITH WATER PRODUCTS CO., et al. Defendants. WHEREFORE, defendant Cytec Engineered Materials Inc. (herein improperly sued as Cytec Industries, Inc., Individually and as Successor in interest to Fiberite, Inc.), requests summary judgment in the above-entitled action, pursuant to Civil Practice Law and Rules Section 3212, dismissing the Complaint and cross-claims against Cytec Engineered Materials Inc. (herein improperly sued as Cytec Industries, Inc., Individually and as Successor in interest to Fiberite, Inc.) with prejudice, and after notice to allco-defendants there is no opposition, itis ORDERED, that all claims and cross-claims against defendant, Cytec Engineered Materials Inc. (herein improperly sued as Cytec Industries, Inc., Individually and as Successor in interest to Fiberite, Inc.), are dismissed with prejudice and without costs. DATED: New York, New York DATED: Buffalo, New York , 2018 , 2018 WEITZ & LUXENBERG, PC BARCLAY DAMON, LLP Justin Weitz, Esq. Carol G. Snider, Esq. Attorneys for Plaintiffs Attorneys for Defendant, 700 Broadway Cytec Engineered Materials Inc. New New York 10003 The Avant - Suite 1200 York, Building (212) 558-5771 200 Delaware Avenue Buffalo, New York 14202 Telephone: (716) 856-5500 SO ORDERED: Manuel Mendez, J.S.C. I5090429.1 2 of 2