On March 20, 2023 a
Answer
was filed
involving a dispute between
Janet A Shaw
His Spouse,
Robert E Shaw,
and
Abb, Inc.
Individually And As Successor In Interest To Ite Imperial Co. F K A Ite Circuit Breaker Co.,
Air & Liquid Systems Corporation
As Successor By Merger To Buffalo Pumps, Inc.,
Alray Construction Corp.
F K A Hebert Construction Corp.,
Armstrong International, Inc.,
Armstrong Pumps Inc.,
Aurora Pump Company,
Cleaver-Brooks, Inc.
F K A Aqua-Chem, Inc.,
Clyde Union Inc.
F K A Union Pump Company,
Eaton Corporation
Individually And As Successor In Interest To Eaton Electrical, Inc. And Cutler-Hammer, Inc.,
Flowserve Corporation
F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
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.,
Gardner Denver, Inc.,
General Electric Company,
Gould Electronics, Inc.
Individually And As Successor In Interest To Ite Electrical Products Co.,
Goulds Pumps, Incorporated
F K A Goulds Pumps Merger Corporation,
Grinnell Llc,
Honeywell International Inc,
Honeywell International Inc.
F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Iis Buffalo, Inc.
F K A Industrial Insulation Sales, Inc.,
Imo Industries Inc.
Individually And As Successor In Interest To Imo Delaval,
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.,
Leeds & Northrup Company,
Morse Tec Llc
F K A Borgwarner Morse Tec Llc As Successor-By-Merger To Borg-Warner Corporation,
Neles-Jamesbury, Inc.,
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,
Pfaudler, Inc.,
Progress Lighting, Inc.,
Redco Corporation,
R.E. Hebert And Company, Inc.,
Ridge Construction Corporation,
Riley Power Inc.
F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Rochester Industrial Insulation, Inc.,
Rockwell Automation, Inc.
As Successor In Interest To Allen-Bradley Company Llc,
Schneider Electric Usa, Inc.
F K A Square D Company,
Siemens Industry, Inc.
Successor In Interest To Siemens Energy & Automation, Inc.,
Spirax Sarco, Inc.
Individually And As Successor To Sarco Company, Inc.,
The Marley-Wylain Company
F K A Weil-Mclain,
Union Carbide Corporation,
Velan Valve Corp.,
Warren Pumps Llc,
Weir Valves & Controls Usa, Inc.
D B A Atwood & Morrill Co., Inc.,
William Summerhays' Sons Corporation,
Zurn Industries, Llc
Individually And As Successor In Interest To Erie City Iron Workers Corporation,
for Torts - Asbestos
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM INDEX NO. E2023002784
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3457120
Book Page CIVIL
Return To: No. Pages: 5
RONALD GEORGE HULL
69 Cascade Drive Instrument: MISCELLANEOUS DOCUMENT
Suite 102
Rochester, NY 16614 Control #: 202306080529
Index #: E2023002784
Date: 06/08/2023
SHAW, ROBERT E Time: 11:34:59 AM
SHAW, JANET A
ABB, INC.
AIR & LIQUID SYSTEMS CORPORATION
ALRAY CONSTRUCTION CORP.
ARMSTRONG INTERNATIONAL, INC.
ARMSTRONG PUMPS INC.
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO
MONROE COUNTY CLERK
1 of 5
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NO. E2023002784
FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023
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,
Plaintiffs, ANSWER TO
AMENDED COMPLAINT
v.
Index No.: E2023002784
ABB, INC., et al.,
Defendants.
_______________________________________________
Defendant, ROCHESTER INDUSTRIAL INSULATIONS INC. (“RII”), by its attorneys,
Heisman Nunes & Hull LLP, for its Answer to Plaintiffs’ Amended Complaint responds as follows:
1. With respect to Plaintiffs’ Amended Complaint, RII refers to and incorporates herein
its Answer and Crossclaim dated April 5, 2023, served in response to the original Complaint.
2. Denies knowledge or information sufficient to form a belief as to the truth of the
allegations contained in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49,
81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 99, 100, 101, 102, 103, and 105 of Plaintiffs’
Amended Complaint and, therefore, denies the allegations.
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3. Denies the allegations and characterizations contained in paragraphs 1, 2, 50, 51, 52,
53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 94, 97,
and106 of Plaintiffs’ Amended Complaint.
4. With respect to the allegations in Paragraphs 37, and 93 of Plaintiffs’ Complaint,
admits only that RII is a domestic corporation registered to transact business in the State of New
York and a contractor of insulation services, but except as thus expressly admitted, denies the
remainder of the allegations and characterizations contained in that paragraph.
5. As to the allegations contained in paragraphs 58, 74, 80, 98, and 104 of Plaintiffs’
Amended Complaint, Defendant RII repeats and realleges its responses to each of the paragraphs
incorporated by reference in paragraphs 58, 74, 80, 98, and 104 of Plaintiffs’ Amended Complaint.
6. Denies each and every other allegation contained in Plaintiffs’ Amended Complaint
not already admitted, denied or otherwise controverted.
AFFIRMATIVE DEFENSES AND CROSS-CLAIM
7. The affirmative defenses and cross-claim set forth in RII’s Answer and Crossclaim
dated April 5, 2023, are incorporated herein by reference as if set forth at length and asserted as
affirmative defenses and cross-claim in response to Plaintiffs’ Amended Complaint.
WHEREFORE, Defendant, Rochester Industrial Insulations Inc., demands judgment for the
following relief:
1. Dismissing Plaintiffs’ Amended Complaint;
2. Demanding that in the event Plaintiffs recover judgment herein, that any such
judgment be diminished pursuant to the provisions of Article 14 of the CPLR;
3. Demanding that the ultimate rights and responsibilities among the Defendants be
determined in this action with judgment over accordingly;
2
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4. Demanding indemnification and contribution from the co-Defendants in the event
that Plaintiffs recover judgment against the Defendant, Rochester Industrial
Insulations Inc.;
5. The costs and disbursements incurred as a result of this action; and
6. Such other and further relief as this Court deems just and proper.
Dated: June 8, 2023 HEISMAN NUNES & HULL LLP
Rochester, New York
s/Ronald G. Hull
Ronald G. Hull, Esq., of Counsel
Attorneys for Rochester Industrial
Insulations Inc.
69 Cascade Drive; Suite 102
Rochester, New York 14614
585-270-6207
TO: LIPSITZ, PONTERIO & COMERFORD, LLC
John P. Comerford, Esq.
Attorneys for Plaintiffs
424 Main Street; Suite 1500
Buffalo, New York 14202
716-849-0701
All Defense Counsel of Record
3
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NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023
VERIFICATION
STATE OF NEW YORK)
COUNTY OF MONROE) ss.:
RONALD G. HULL, ESQ., being duly sworn, deposes and says:
That he is member of the law firm of Heisman Nunes & Hull LLP, the attorneys for
Defendant, Rochester Industrial Insulations Inc., herein; that he has read the foregoing Answer to
Amended Complaint and knows the contents thereof; that the same is true to his own knowledge
except as to the matters therein stated to be alleged upon information and belief and as to those
matters, he believes them to be true.
That the reason this verification is made by the deponent and not by Defendant is that the
Defendant is a corporation not located in the county where your deponent’s offices are located.
That the sources of deponent’s knowledge and the grounds for his belief are from the
correspondence with said Defendant and correspondence and conversations with the representatives
of said defendant.
s/Ronald G. Hull ___________
Ronald G. Hull
Sworn to before me this
8th day of June, 2023.
s/Janice I. Hance_________
Notary Public
JANICE I. HANCE
Notary Public, State of New York
MONROE COUNTY
01HA5004032
Commission Expires on Nov. 9, 2026
4
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Preview
FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM INDEX NO. E2023002784 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3457120 Book Page CIVIL Return To: No. Pages: 5 RONALD GEORGE HULL 69 Cascade Drive Instrument: MISCELLANEOUS DOCUMENT Suite 102 Rochester, NY 16614 Control #: 202306080529 Index #: E2023002784 Date: 06/08/2023 SHAW, ROBERT E Time: 11:34:59 AM SHAW, JANET A ABB, INC. AIR & LIQUID SYSTEMS CORPORATION ALRAY CONSTRUCTION CORP. ARMSTRONG INTERNATIONAL, INC. ARMSTRONG PUMPS INC. Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202306080529 Index # INDEX : E2023002784 NO. E2023002784 FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023 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, Plaintiffs, ANSWER TO AMENDED COMPLAINT v. Index No.: E2023002784 ABB, INC., et al., Defendants. _______________________________________________ Defendant, ROCHESTER INDUSTRIAL INSULATIONS INC. (“RII”), by its attorneys, Heisman Nunes & Hull LLP, for its Answer to Plaintiffs’ Amended Complaint responds as follows: 1. With respect to Plaintiffs’ Amended Complaint, RII refers to and incorporates herein its Answer and Crossclaim dated April 5, 2023, served in response to the original Complaint. 2. Denies knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraphs 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 95, 96, 99, 100, 101, 102, 103, and 105 of Plaintiffs’ Amended Complaint and, therefore, denies the allegations. 2 of 5 202306080529 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023 3. Denies the allegations and characterizations contained in paragraphs 1, 2, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 75, 76, 77, 78, 79, 94, 97, and106 of Plaintiffs’ Amended Complaint. 4. With respect to the allegations in Paragraphs 37, and 93 of Plaintiffs’ Complaint, admits only that RII is a domestic corporation registered to transact business in the State of New York and a contractor of insulation services, but except as thus expressly admitted, denies the remainder of the allegations and characterizations contained in that paragraph. 5. As to the allegations contained in paragraphs 58, 74, 80, 98, and 104 of Plaintiffs’ Amended Complaint, Defendant RII repeats and realleges its responses to each of the paragraphs incorporated by reference in paragraphs 58, 74, 80, 98, and 104 of Plaintiffs’ Amended Complaint. 6. Denies each and every other allegation contained in Plaintiffs’ Amended Complaint not already admitted, denied or otherwise controverted. AFFIRMATIVE DEFENSES AND CROSS-CLAIM 7. The affirmative defenses and cross-claim set forth in RII’s Answer and Crossclaim dated April 5, 2023, are incorporated herein by reference as if set forth at length and asserted as affirmative defenses and cross-claim in response to Plaintiffs’ Amended Complaint. WHEREFORE, Defendant, Rochester Industrial Insulations Inc., demands judgment for the following relief: 1. Dismissing Plaintiffs’ Amended Complaint; 2. Demanding that in the event Plaintiffs recover judgment herein, that any such judgment be diminished pursuant to the provisions of Article 14 of the CPLR; 3. Demanding that the ultimate rights and responsibilities among the Defendants be determined in this action with judgment over accordingly; 2 3 of 5 202306080529 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023 4. Demanding indemnification and contribution from the co-Defendants in the event that Plaintiffs recover judgment against the Defendant, Rochester Industrial Insulations Inc.; 5. The costs and disbursements incurred as a result of this action; and 6. Such other and further relief as this Court deems just and proper. Dated: June 8, 2023 HEISMAN NUNES & HULL LLP Rochester, New York s/Ronald G. Hull Ronald G. Hull, Esq., of Counsel Attorneys for Rochester Industrial Insulations Inc. 69 Cascade Drive; Suite 102 Rochester, New York 14614 585-270-6207 TO: LIPSITZ, PONTERIO & COMERFORD, LLC John P. Comerford, Esq. Attorneys for Plaintiffs 424 Main Street; Suite 1500 Buffalo, New York 14202 716-849-0701 All Defense Counsel of Record 3 4 of 5 202306080529 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 06/08/2023 11:33 AM NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 06/08/2023 VERIFICATION STATE OF NEW YORK) COUNTY OF MONROE) ss.: RONALD G. HULL, ESQ., being duly sworn, deposes and says: That he is member of the law firm of Heisman Nunes & Hull LLP, the attorneys for Defendant, Rochester Industrial Insulations Inc., herein; that he has read the foregoing Answer to Amended Complaint and knows the contents thereof; that the same is true to his own knowledge except as to the matters therein stated to be alleged upon information and belief and as to those matters, he believes them to be true. That the reason this verification is made by the deponent and not by Defendant is that the Defendant is a corporation not located in the county where your deponent’s offices are located. That the sources of deponent’s knowledge and the grounds for his belief are from the correspondence with said Defendant and correspondence and conversations with the representatives of said defendant. s/Ronald G. Hull ___________ Ronald G. Hull Sworn to before me this 8th day of June, 2023. s/Janice I. Hance_________ Notary Public JANICE I. HANCE Notary Public, State of New York MONROE COUNTY 01HA5004032 Commission Expires on Nov. 9, 2026 4 5 of 5