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FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT
In re Seventh Judicial District
Asbestos Litigation
This Document Applies to:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
ROBERT E. SHAW and JANET A. SHAW, his spouse, Index No. E2023002784
Plaintiffs,
DEFENDANT NELES-
vs. JAMESBURY, INC.’S ANSWER
TO PLAINTIFFS’ COMPLAINT
ABB, INC. individually and as successor in interest to
ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER
CO., et al.,
Defendants.
Defendant Neles-Jamesbury, Inc. (“Neles-Jamesbury” or “Defendant”), by its attorneys,
Faegre Drinker Biddle & Reath LLP, hereby answers the Complaint of Robert E. Shaw and Janet
A. Shaw (“Plaintiffs”), as follows:
1. That at all times hereinafter mentioned, the plaintiffs, ROBERT E. SHAW and
JANET A. SHAW, were and still are citizens of the State of New York and residents of the County
of Monroe.
ANSWER: Neles-Jamesbury lacks knowledge or information sufficient to form a belief as to
the truth of the allegations of paragraph 1, and therefore denies them.
ARTICLE 16 ALLEGATIONS
2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert
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
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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 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)).
ANSWER: Neles-Jamesbury denies the allegations of paragraph 2.
DEFENDANT ALLEGATIONS
3. That upon information and belief, at all times hereinafter mentioned, the defendant,
ABB, INC. individually and as successor in interest to ITE IMPERIAL CO. f/k/a ITE CIRCUIT
BREAKER CO., was and is a duly organized foreign business corporation doing 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 sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 3, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 3.
4. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 4, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 4.
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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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 5, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 5.
6. That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG INTERNATIONAL, INC., 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 6, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 6.
7. That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG PUMPS 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 7, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 7.
8. That upon information and belief, at all times hereinafter mentioned, the defendant,
AURORA PUMP COMPANY, 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
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all times relevant, it has engaged in the manufacture, sale and distribution of materials, products
and/or equipment containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 8, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 8.
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 of New York, with its principal place of business
outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 9, as they are not directed to Neles-Jamesbury and relate
to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-
Jamesbury denies each and every allegation of paragraph 9.
10. That upon information and belief, at all times hereinafter mentioned, the defendant,
CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business
corporation unauthorized 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 10, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 10.
11. That upon information and belief, at all times hereinafter mentioned, the defendant,
EATON CORPORATION, individually and as successor in interest to EATON ELECTRICAL,
INC. and CUTLER-HAMMER, INC., 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
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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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 11, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 11.
12. 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 sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 12, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 12.
13. 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
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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 13, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 13.
14. 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.
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ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 14, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 14.
15. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 15, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 15.
16. That upon information and belief, at all times hereinafter mentioned, the defendant,
GARDNER DENVER, INC., 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 16, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 16.
17. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 17, as they are not directed to Neles-Jamesbury and
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relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 17.
18. That upon information and belief, at all times hereinafter mentioned, the defendant,
GOULD ELECTRONICS, INC. individually and as successor in interest to ITE ELECTRICAL
PRODUCTS CO., 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 sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 18, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 18.
19. That upon information and belief, at all times hereinafter mentioned, the defendant,
GOULDS PUMPS INCORPORATED f/k/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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 19, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 19.
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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 20, as they are not directed to Neles-Jamesbury and
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relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 20.
21. That upon information 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 21, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 21.
22. That upon information and belief, at all times hereinafter mentioned, the defendant,
IIS BUFFALO, INC. f/k/a INDUSTRIAL INSULATION SALES, 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 22, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 22.
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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 23, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 23.
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24. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 24, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 24.
25. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 25, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 25.
26. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 26, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 26.
27. Upon information and belief, at all times hereinafter mentioned, the defendant,
LEEDS & NORTHRUP COMPANY, 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
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times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 27, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 27.
28. That upon information and belief, at all times hereinafter mentioned, the defendant,
MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG-
WARNER CORPORATION, is a foreign business corporation with its principal place of business
outside the State of New York. At all times relevant, it has transacted business in the State of New
York and has engaged in the manufacture and sale of friction materials and products containing
the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 28, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 28.
29. 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.
ANSWER: Neles-Jamesbury denies each and every allegation in paragraph 29, except to admit
that Neles-Jamesbury is organized under the laws of the State of Delaware with its principal place
of business in the Commonwealth of Massachusetts, and that at times during the relevant time
period pleaded in Plaintiffs’ Complaint, Neles-Jamesbury or its historically related corporate
entities may have been authorized to do business in the State of New York.
30. That upon information and belief, at all times hereinafter mentioned, the defendant,
PARAMOUNT GLOBAL f/k/a VIACOMCBS INC. f/k/a 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, is a foreign business
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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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 30, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 30.
31. That upon information and belief, at all times hereinafter mentioned, the defendant,
PFAUDLER, INC., was and still is a foreign business corporation which transacted 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 31, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 31.
32. That upon information and belief, at all times hereinafter mentioned, defendant,
PROGRESS LIGHTING, 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 32, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 32.
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.
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ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 33, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 33.
34. That upon information and belief, at all times hereinafter mentioned, the defendant,
REDCO CORPORATION, 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 34, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 34.
35. That upon information and belief, at all times hereinafter mentioned, the defendant,
RIDGE CONSTRUCTION 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 has
engaged in the sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 35, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 35.
36. That upon information and belief, at all times hereinafter mentioned, the defendant,
RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a
RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and
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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 36, as they are not directed to Neles-Jamesbury and
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relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 36.
37. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 37, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 37.
38. That upon information and belief, at all times hereinafter mentioned, the defendant,
ROCKWELL AUTOMATION, INC. as successor in interest to ALLEN-BRADLEY COMPANY,
LLC, 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 transacted business in the State of New York and has engaged in the manufacture,
sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 38, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 38.
39. That upon information and belief, at all times hereinafter mentioned, defendant,
SCHNEIDER ELECTRIC USA, INC. f/k/a SQUARE D COMPANY, 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 39, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 39.
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40. That upon information and belief, at all times hereinafter mentioned, the defendant,
SIEMENS INDUSTRY, INC. successor in interest to SIEMENS ENERGY & AUTOMATION,
INC., was 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 40, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 40.
41. Upon information and belief, at all times hereinafter mentioned, the defendant,
SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC., was and still
is a foreign business 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 41, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 41.
42. 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. At all times hereinafter mentioned, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 42, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 42.
43. 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 43, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 43.
44. That upon information and belief, at all times hereinafter mentioned, the defendant,
VELAN VALVE CORP., 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, products, and/or equipment
containing the substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 44, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 44.
45. That upon information and belief, at all times hereinafter mentioned, the defendant,
WARREN PUMPS LLC, was and still is a foreign business corporation which transacted 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.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 45, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 45.
46. That upon information and belief, at all times hereinafter mentioned, the defendant,
WEIR VALVES & CONTROLS USA, INC. d/b/a ATWOOD & MORRILL CO., INC., 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, products, and/or equipment
containing the substance asbestos.
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ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 46, as they are not directed to Neles-Jamesbury and
relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury,
Neles-Jamesbury denies each and every allegation of paragraph 46.
47. That upon information and belief, at all times hereinafter mentioned, the defendant,
WILLIAM SUMMERHAYS’ SONS 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 engaged in the sale and distribution of materials and products containing the
substance asbestos.
ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as
to the truth of the allegations of paragraph 47, as they are not directed to Neles-Jamesbury and
relate to other defendan
Preview
FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In re Seventh Judicial District Asbestos Litigation This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT E. SHAW and JANET A. SHAW, his spouse, Index No. E2023002784 Plaintiffs, DEFENDANT NELES- vs. JAMESBURY, INC.’S ANSWER TO PLAINTIFFS’ COMPLAINT ABB, INC. individually and as successor in interest to ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER CO., et al., Defendants. Defendant Neles-Jamesbury, Inc. (“Neles-Jamesbury” or “Defendant”), by its attorneys, Faegre Drinker Biddle & Reath LLP, hereby answers the Complaint of Robert E. Shaw and Janet A. Shaw (“Plaintiffs”), as follows: 1. That at all times hereinafter mentioned, the plaintiffs, ROBERT E. SHAW and JANET A. SHAW, were and still are citizens of the State of New York and residents of the County of Monroe. ANSWER: Neles-Jamesbury lacks knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 1, and therefore denies them. ARTICLE 16 ALLEGATIONS 2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert 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 1 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 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 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)). ANSWER: Neles-Jamesbury denies the allegations of paragraph 2. DEFENDANT ALLEGATIONS 3. That upon information and belief, at all times hereinafter mentioned, the defendant, ABB, INC. individually and as successor in interest to ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER CO., was and is a duly organized foreign business corporation doing 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 sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 3, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 3. 4. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 4, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 4. 2 2 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 5, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 5. 6. That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG INTERNATIONAL, INC., 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 6, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 6. 7. That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG PUMPS 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 7, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 7. 8. That upon information and belief, at all times hereinafter mentioned, the defendant, AURORA PUMP COMPANY, 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 3 3 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 all times relevant, it has engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 8, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 8. 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 of New York, with its principal place of business outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 9, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles- Jamesbury denies each and every allegation of paragraph 9. 10. That upon information and belief, at all times hereinafter mentioned, the defendant, CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business corporation unauthorized 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 10, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 10. 11. That upon information and belief, at all times hereinafter mentioned, the defendant, EATON CORPORATION, individually and as successor in interest to EATON ELECTRICAL, INC. and CUTLER-HAMMER, INC., 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 4 4 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 11, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 11. 12. 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 sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 12, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 12. 13. 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 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 13, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 13. 14. 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. 5 5 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 14, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 14. 15. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 15, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 15. 16. That upon information and belief, at all times hereinafter mentioned, the defendant, GARDNER DENVER, INC., 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 16, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 16. 17. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 17, as they are not directed to Neles-Jamesbury and 6 6 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 17. 18. That upon information and belief, at all times hereinafter mentioned, the defendant, GOULD ELECTRONICS, INC. individually and as successor in interest to ITE ELECTRICAL PRODUCTS CO., 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 sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 18, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 18. 19. That upon information and belief, at all times hereinafter mentioned, the defendant, GOULDS PUMPS INCORPORATED f/k/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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 19, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 19. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 20, as they are not directed to Neles-Jamesbury and 7 7 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 20. 21. That upon information 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 21, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 21. 22. That upon information and belief, at all times hereinafter mentioned, the defendant, IIS BUFFALO, INC. f/k/a INDUSTRIAL INSULATION SALES, 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 22, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 22. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 23, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 23. 8 8 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 24. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 24, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 24. 25. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 25, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 25. 26. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 26, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 26. 27. Upon information and belief, at all times hereinafter mentioned, the defendant, LEEDS & NORTHRUP COMPANY, 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 9 9 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 27, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 27. 28. That upon information and belief, at all times hereinafter mentioned, the defendant, MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG- WARNER CORPORATION, is a foreign business corporation with its principal place of business outside the State of New York. At all times relevant, it has transacted business in the State of New York and has engaged in the manufacture and sale of friction materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 28, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 28. 29. 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. ANSWER: Neles-Jamesbury denies each and every allegation in paragraph 29, except to admit that Neles-Jamesbury is organized under the laws of the State of Delaware with its principal place of business in the Commonwealth of Massachusetts, and that at times during the relevant time period pleaded in Plaintiffs’ Complaint, Neles-Jamesbury or its historically related corporate entities may have been authorized to do business in the State of New York. 30. That upon information and belief, at all times hereinafter mentioned, the defendant, PARAMOUNT GLOBAL f/k/a VIACOMCBS INC. f/k/a 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, is a foreign business 10 10 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 30, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 30. 31. That upon information and belief, at all times hereinafter mentioned, the defendant, PFAUDLER, INC., was and still is a foreign business corporation which transacted 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 31, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 31. 32. That upon information and belief, at all times hereinafter mentioned, defendant, PROGRESS LIGHTING, 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 32, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 32. 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. 11 11 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 33, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 33. 34. That upon information and belief, at all times hereinafter mentioned, the defendant, REDCO CORPORATION, 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 34, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 34. 35. That upon information and belief, at all times hereinafter mentioned, the defendant, RIDGE CONSTRUCTION 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 has engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 35, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 35. 36. That upon information and belief, at all times hereinafter mentioned, the defendant, RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a RILEY STOKER CORPORATION, was and still is a foreign corporation authorized to and 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 36, as they are not directed to Neles-Jamesbury and 12 12 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 36. 37. 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 37, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 37. 38. That upon information and belief, at all times hereinafter mentioned, the defendant, ROCKWELL AUTOMATION, INC. as successor in interest to ALLEN-BRADLEY COMPANY, LLC, 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 transacted business in the State of New York and has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 38, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 38. 39. That upon information and belief, at all times hereinafter mentioned, defendant, SCHNEIDER ELECTRIC USA, INC. f/k/a SQUARE D COMPANY, 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 39, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 39. 13 13 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 40. That upon information and belief, at all times hereinafter mentioned, the defendant, SIEMENS INDUSTRY, INC. successor in interest to SIEMENS ENERGY & AUTOMATION, INC., was 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 40, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 40. 41. Upon information and belief, at all times hereinafter mentioned, the defendant, SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC., was and still is a foreign business 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 41, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 41. 42. 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. At all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 42, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 42. 43. 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 14 14 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 43, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 43. 44. That upon information and belief, at all times hereinafter mentioned, the defendant, VELAN VALVE CORP., 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, products, and/or equipment containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 44, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 44. 45. That upon information and belief, at all times hereinafter mentioned, the defendant, WARREN PUMPS LLC, was and still is a foreign business corporation which transacted 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. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 45, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 45. 46. That upon information and belief, at all times hereinafter mentioned, the defendant, WEIR VALVES & CONTROLS USA, INC. d/b/a ATWOOD & MORRILL CO., INC., 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, products, and/or equipment containing the substance asbestos. 15 15 of 39 FILED: MONROE COUNTY CLERK 05/24/2023 02:43 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 05/24/2023 ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 46, as they are not directed to Neles-Jamesbury and relate to other defendants. To the extent that such allegations are directed to Neles-Jamesbury, Neles-Jamesbury denies each and every allegation of paragraph 46. 47. That upon information and belief, at all times hereinafter mentioned, the defendant, WILLIAM SUMMERHAYS’ SONS 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 engaged in the sale and distribution of materials and products containing the substance asbestos. ANSWER: Neles-Jamesbury lacks any knowledge or information sufficient to form a belief as to the truth of the allegations of paragraph 47, as they are not directed to Neles-Jamesbury and relate to other defendan