Preview
INDEX NO. E2023002784
NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3464506
Book Page CIVIL
Return To: No. Pages: 15
MARK STEPHEN NEMETH
424 Main Street, Suite 1300 Instrument: ANSWER
The Liberty Building
Buffalo, NY 14202 Control #: 202306150347
Index #: E2023002784
Date: 06/15/2023
SHAW, ROBERT E Time: 11:15:44 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
MI
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
ROBERT E,. SHAW and JANET A. SHAW, his spouse,
ANSWER TO
PLAINTIFFS’ AMENDED
COMPLAINT
Index Number: E2023002784
Plaintiffs,
vs.
ABB, INC., et al.
Defendants.
Defendants, Alray Construction Corp. f/k/a Hebert Construction Corp. and R. E. Hebert
and Company, Inc., by their attorneys, Hurwitz Fine PC, as and for its answer to plaintiffs’
Amended Complaint, states upon information and belief as follows:
Incorporates by reference it Answer to the original Complaint and all subsequent
Answers, as if fully incorporated herein, including all affirmative defenses an all cross-claims and
further:
1 Denies knowledge or information sufficient to form a belief as to the truth of the
allegations set forth in in paragraphs 1, 3, 4, 6-32, 34-49, 83-88, 91-96, 99-103 and 105 of the
plaintiffs’ Amended Complaint.
2. As to the allegations set forth in paragraphs 2, 50-57, 59-73, 75-79, 97 and 106 of the
plaintiffs’ Amended Complaint, denies those allegations as against these answering defendants,
and denies knowledge or information sufficient to form a belief as to the truth of the remainder of
the allegations.
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3 Denies the allegations set forth in paragraphs 5, 33, 81, 82, 89 and 90 of the
plaintiffs’ Amended Complaint.
4 As to the allegations set forth in paragraphs 58, 74, 80, 98 and 104 of the plaintiffs”
Amended Complaint, this answering defendant repeats, realleges, and reiterates each and every
denial previously stated as if fully set forth at length herein.
5 Defendant denies each and every other remaining allegation in the plaintiff's
Amended Complaint to hereinbefore specifically admitted or otherwise denied.
AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
6 The Complaint, and each and every allegation considered separately therein, fails
to state a cause of action against this answering defendant, upon which relief can be granted.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
7 ‘The court lacks personal jurisdiction over this answering defendant.
AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
8 Plaintiff's claims are time barred, in whole or in part, by reason of the applicable
statutes of limitations.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
9 The causes of action pleaded in the Complaint have not been asserted in a timely
fashion, and plaintiff has neglected same, thus are barred by the doctrine of laches.
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AS AND FOR A FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
10, In the event that, at the time of the injuries alleged in the Complaint, plaintiff was
employed by this answering defendant, then plaintiffs sole and exclusive remedy is under the
Workers’ Compensation Law of the State of New York,
AS AND FOR A SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
ll. Insofar as the Complaint, and each cause of action considered separately, alleges a
cause of action accruing on or after September 1, 1975 to recover damages for personal injuries,
the amount of damages recoverable thereon must be diminished by reason of the culpable conduct
attributable to the plaintiff, including contributory negligence and assumption of risks, in the
proportion which the culpable conduct attributable to plaintiff bears to the culpable conduct which
caused the damages.
AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF;
12. Insofar as the Complaint, and each cause of action considered separately, alleges a
cause of action accruing before September 1, 1975, each such cause of action is barred by reason
of the culpable conduct attributable to the plaintiff, including contributory negligence and
assumption of the risk.
AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
13. In the event that plaintiff relies on New York Law, L. 1986 C. 682 Section 4 as
grounds for maintaining this action, said section is unconstitutional and this action is time barred.
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AS AND FOR A NINTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
14, To the extent that the plaintiff was injured as alleged in the Complaint, said injury
was proximately caused by the negligence, breach of warranty and/or strict liability of persons
other than this answering defendant.
AS AND FOR A TENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
15. Plaintiff's claims and causes of action are barred, in whole or in part, because this
answering defendant owed no legal duty to the plaintiff, or if it owed a legal duty, it did not breach
that duty.
AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
16. To the extent that the plaintiff may be able to prove her allegations with respect to
negligence, statutory liability, strict liability, injury, and damages, all of which this answering
defendant denies, such injury and damages were the result of intervening and/or interceding acts
of superseding negligence on the part of persons over whom this answering defendant had no
control or right of control.
AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
17. Plaintiffs claims and causes of action are barred, in whole or in part, because the
alleged danger of exposure, to the extent that danger existed at all, was open, obvious and well
known to plaintiff.
AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
18. At all times material hereto, the state of the medical and industrial art was such that
there was no generally accepted or recognized knowledge of any unavoidable, unsafe, inherently
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dangerous or hazardous character or nature of thermal insulation products containing asbestos
when used in the manner and purpose described by the plaintiff, therefore, there was no duty for
this answering defendant to know of such character or nature, or to warn the plaintiff or others
similarly situated.
AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
19, At all times during the conduct of their corporate operations, the agents, servants
and/or employees of this answering defendant used proper methods in connection with their
products in conformity to the available knowledge and research of the scientific and industrial
communities.
AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE, THESE ANSWERING
DEFENDANTS ASSERT, UPON INFORMATION AND BELIEF:
20. Plaintiff's claims and causes of action are barred, in whole or in part, because this
answering defendant exercised due care and conducted itself in accord with applicable custom and
practice in the industry, and complied with all then-existing federal, state and local statutory and
regulatory requirements.
AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
21. To the extent that the plaintiff sustained injuries from the use of products alleged
to be connected to this answering defendant, which is denied, said injuries resulted from
unforeseeable misuse of the product by such plaintiff, or by third parties over whom this answering
defendant had no control or right of control.
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AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
22, At all relevant times, this answering defendant exercised due care with respect to
its activities and took reasonable precautions against foreseeable acts or omissions of others.
AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
23. ‘To the extent that the plaintiff was exposed to asbestos-containing products alleged
extent
to have been in any way connected to this answering defendant, which is denied, and to the
s
that such alleged products were furnished pursuant to specifications supplied by the plaintiff'
employer, the United States Government or other third parties, then any such product was
furnished in strict conformity with such specifications.
AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
24. As to all the causes of action pleaded in the Complaint which are based upon
this
expressed or implied representations, such causes of action are legally insufficient as against
g
answering defendant as there was no privity of contract between the plaintiff and this answerin
defendant.
AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
25. The plaintiff, neither directly nor indirectly, purchased any asbestos-containing
upon
products or materials from this answering defendant, and plaintiff neither received nor relied
any representation allegedly made by this answering defendant.
AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
26. To the extent that the plaintiff was exposed to any product in any way connected to
l
this answering defendant, which is denied, said exposure was de minimis and not a substantia
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contributing factor to any asbestos-related disease which plaintiff may have developed, thus
requiring dismissal of the Complaint against this answering defendant.
AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
27. No acts or omissions of this answering defendant proximately caused any damages.
AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING
DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
28, ‘The product allegedly attributed to this answering defendant (“the Product”) was
not defective or dangerous at any time when said defendant had possession or control of it.
AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
29, No implied warranties, including the warranties of merchantability and fitness for
a particular purpose, became a part of the basis of the bargain in the sale of the Product.
AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
30. This answering defendant is not liable to the plaintiff for the damages alleged in the
Complaint because such damages are excluded and not recoverable under express warranty.
AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
31. Oral warranties upon which the plaintiff allegedly relied are unavailable as violative
of the provisions of the applicable Statute of Frauds.
AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT\ ASSERTS, UPON INFORMATION AND BELIEF:
32, To the extent that plaintiff sustained injuries from the use of a product alleged to
contain asbestos, which is denied, plaintiff, other defendants, or other parties not under the control
of this answering defendant misused, abused, misapplied and otherwise mishandled the product
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alleged to be asbestos material. Therefore, the amount of damages which may be recoverable must
be diminished by the proportion which said misuse, abuse, misapplication, and mishandling bears
to the conduct which caused the alleged damage or injury.
AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
33. In the event it should be proven at the time of trial that all the defendants are subject
to market share liability, then this answering defendant’s share of such liability would be of such
a de minimis amount as to make its contribution for damages negligible, and this answering
defendant would be entitled to contribution, either in whole or in part, from co-defendants.
AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
34. Pursuant to Section 15-108 of the New York General Obligations Laws, plaintiff's
recovery, if any, from this answering defendant must be reduced by the greatest of (1) any amounts
actually paid by any person or entity for any of the injuries, costs, damages and expenses alleged
in the Complaint; or (2) any amounts stipulated or otherwise agreed to in any release of or covenant
not to sue any person or entity for any injuries, costs, damages or expenses alleged in the
Complaint; or (3) the equitable share of the liability of any person or entity that has received, or
hereafter receives, any release from liability or covenant not to sue with respect to any of the
injuries, costs, damages and expenses alleged in the Complaint.
AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
35. This answering defendant denies that the asbestos products alleged in plaintiff's
Complaint are products within the meaning and scope of the Restatement of Torts Section 402A
and, as such, the Complaint fails to state a cause of action in strict liability.
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AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
36. This answering defendant cannot be held jointly and severally liable for acts and
omissions of other defendants because their acts or omissions were separate and distinct, and the
alleged harm is divisible.
AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
37. This answering defendant had no knowledge or reason to know of any alleged risks
associated with asbestos and/or asbestos-containing products at any time during the periods
complained of.
AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
38. If this answering defendant was on notice of any hazard or defect for which plaintiff
seeks relief, which this answering defendant denies, plaintiff also had such notice and is thereby
barred from recovery.
AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
39. Plaintiff's claims are barred because of plaintiffs failure to join necessary and
indispensable parties.
AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
40. Plaintiff's causes of action for exemplary or punitive damages are barred because
such damages are not recoverable or warranted in this action.
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AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
41. Plaintiff's demand for punitive damages is barred by the due process clauses of the
Fourteenth Amendment to the United States Constitution and the New York State Constitution.
AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
42, Plaintiffs demand for punitive damages is barred by the proscription of the Eighth
Amendment to the United States Constitution, as applied to the states through the Fourteenth
Amendment, and Article 1, Section 5 of the New York State Constitution prohibiting the
imposition of excessive fines.
AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
43. ‘The recoverable damages, if any, should be diminished under the collateral source
rule, N.Y, CPLR 4545.
AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
44, The recoverable damages, if any, should be diminished to the extent the plaintiff
may have failed to mitigate her damages.
AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
45. Plaintiff's demand for punitive damages is barred by the "double jeopardy" clause
of the Fifth Amendment to the United States Constitution, as applied to the states through the
Fourteenth Amendment, and Article 1, Section 6 of the New York State Constitution.
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AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
46. To the extent that the Complaint secks to impose joint and several liability for
allegedly acting in concert as an exception to Article 16 of the CPLR, this answering defendant
asserts that the alleged conduct is protected by the First Amendment to the United States
Constitution and by Article 1, Section 8, of the Constitution of the State of New York.
AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
47. Plaintiff's claim may be barred by the doctrine of res judicata and/or collateral
estoppel.
AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
48. Liability for non-economic loss is limited by the provisions of Article 16 of the
New York CPLR.
AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
49. Plaintiff contributed to her illnesses, cither in whole or in part, by exposure to or
the use of tobacco products and/or other substances, products, medications, or drugs.
AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
50. Plaintiff's employer was a sophisticated purchaser upon which devolved all
responsibility for the products referred to in plaintiff's Complaint.
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.
AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF:
51. Proceeding in this manner without Johns-Manville, Unarco, Amatex, Pacor, Forty-
Eight Insulations and/or Standard Insulations, and all other entities in bankruptcy relating thereto,
would be in violation of this answering defendant’s constitutional rights.
AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE, THIS
ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF;
52. All defenses which have been or will be asserted by other defendants and/or any
third-party defendants in this action are adopted and incorporated by reference as if fully set forth
at length herein as defenses to plaintiff's Complaint. In addition, this answering defendant will
rely upon any and all other further defenses which become available or appear during discovery
proceedings in this action, and hereby specifically reserves the right to amend its Answer for the
purpose of asserting any such additional affirmative defenses.
AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE,
AND BY WAY OF A CROSS-CLAIM AGAINST ALL CO-DEFENDANTS
HEREIN, THIS ANSWERING DEFENDANT ASSERTS, UPON
INFORMATION AND BELIEF:
53. To the extent that plaintiff may recover damages from this answering defendant,
this answering defendant is entitled to indemnification and/or contribution, in whole or in part,
from each of the other defendants in this action.
REPLY TO CROSS-CLAIMS
54. This answering defendant hereby denies any and all cross-claims now or hereafter
asserted against it; asserts all defenses, including those set forth above; and avers that this
answering defendant is not liable to plaintiff, defendants, to any third-party defendants, or to
others.
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WHEREFORE, the Defendants, Alray Construction Corp. {/k/a Hebert Construction Corp.
and R. E. Hebert and Company, Inc., demands judgment dismissing the Complaint herein, with
costs, and to the extent of any recovery by plaintiff against Defendants, Alray Construction Corp.
{/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc., herein, demands judgment
dismissing or diminishing plaintiff's damages in the proportion which the culpable conduct
attributed to the plaintiff bears to the culpable conduct which may have caused such damages;
apportioning any judgment against each of the other defendants herein for contribution and/or
indemnification; together with this answering defendant’s costs and disbursements in this action;
and for such other and further relief as may be just and proper.
DATED: Buffalo, New York
June 14, 2023
HURWITZ FINE P.C.
Attorneys for Defendants
Alray Construction Corp. f/k/a Hebert Construction
Corp. and R. E. Hebert and Company, Inc.
Wak A Ll amioté
Mark S. Nemeth, Esq.
424 Main Street, Suite 1300
Buffalo, New York 14202
TO LIPSITZ, PONTERIO & COMERFORD, LLC
Attorneys for Plaintiffs
John P. Comerford, Esq.
424 Main Street, Suite 1500
Buffalo, NY 14202
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VERIFICATION
The undersigned attorney admitted to practice in the courts of New York State, shows; that
deponent is the attorney of record for the defendants, Alray Construction Corp. f{/k/a Hebert
Construction Corp. and R. E. Hebert and Company, Inc. in the within action; that deponent has
read the foregoing verified answer and knows the contents thereof; that the same is true to
deponent's own knowledge, except as to the matters therein stated to be alleged on information
and belief, and that as to those matters deponent believes it to be true. Deponent further says that
the reason this verification is made by deponent and not by defendant is that the defendants,
Alray Construction Corp. {/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc.’s
offices are not located in the county and/or does not reside in the county at which your deponent's
offices are located.
The undersigned affirms that the foregoing statements are true under the penalties of
perjury.
DATED: Buffalo, New York
June 14, 2023
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INDEX NO. E2023002784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3464506 Book Page CIVIL Return To: No. Pages: 15 MARK STEPHEN NEMETH 424 Main Street, Suite 1300 Instrument: ANSWER The Liberty Building Buffalo, NY 14202 Control #: 202306150347 Index #: E2023002784 Date: 06/15/2023 SHAW, ROBERT E Time: 11:15:44 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 MI 1 of 15 INDE&& NOE 2623022082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC, NO. 60 RECEIVED NYSCEF: 06/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT E,. SHAW and JANET A. SHAW, his spouse, ANSWER TO PLAINTIFFS’ AMENDED COMPLAINT Index Number: E2023002784 Plaintiffs, vs. ABB, INC., et al. Defendants. Defendants, Alray Construction Corp. f/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc., by their attorneys, Hurwitz Fine PC, as and for its answer to plaintiffs’ Amended Complaint, states upon information and belief as follows: Incorporates by reference it Answer to the original Complaint and all subsequent Answers, as if fully incorporated herein, including all affirmative defenses an all cross-claims and further: 1 Denies knowledge or information sufficient to form a belief as to the truth of the allegations set forth in in paragraphs 1, 3, 4, 6-32, 34-49, 83-88, 91-96, 99-103 and 105 of the plaintiffs’ Amended Complaint. 2. As to the allegations set forth in paragraphs 2, 50-57, 59-73, 75-79, 97 and 106 of the plaintiffs’ Amended Complaint, denies those allegations as against these answering defendants, and denies knowledge or information sufficient to form a belief as to the truth of the remainder of the allegations. 2 of 15 INDEEXNG E 282302082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 3 Denies the allegations set forth in paragraphs 5, 33, 81, 82, 89 and 90 of the plaintiffs’ Amended Complaint. 4 As to the allegations set forth in paragraphs 58, 74, 80, 98 and 104 of the plaintiffs” Amended Complaint, this answering defendant repeats, realleges, and reiterates each and every denial previously stated as if fully set forth at length herein. 5 Defendant denies each and every other remaining allegation in the plaintiff's Amended Complaint to hereinbefore specifically admitted or otherwise denied. AS AND FOR A FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 6 The Complaint, and each and every allegation considered separately therein, fails to state a cause of action against this answering defendant, upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 7 ‘The court lacks personal jurisdiction over this answering defendant. AS AND FOR A THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 8 Plaintiff's claims are time barred, in whole or in part, by reason of the applicable statutes of limitations. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 9 The causes of action pleaded in the Complaint have not been asserted in a timely fashion, and plaintiff has neglected same, thus are barred by the doctrine of laches. 3 of 15 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM INDEEXNG E 282302082784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 10, In the event that, at the time of the injuries alleged in the Complaint, plaintiff was employed by this answering defendant, then plaintiffs sole and exclusive remedy is under the Workers’ Compensation Law of the State of New York, AS AND FOR A SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: ll. Insofar as the Complaint, and each cause of action considered separately, alleges a cause of action accruing on or after September 1, 1975 to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to the plaintiff, including contributory negligence and assumption of risks, in the proportion which the culpable conduct attributable to plaintiff bears to the culpable conduct which caused the damages. AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF; 12. Insofar as the Complaint, and each cause of action considered separately, alleges a cause of action accruing before September 1, 1975, each such cause of action is barred by reason of the culpable conduct attributable to the plaintiff, including contributory negligence and assumption of the risk. AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 13. In the event that plaintiff relies on New York Law, L. 1986 C. 682 Section 4 as grounds for maintaining this action, said section is unconstitutional and this action is time barred. 4 of 15 INDEEXNG E 282302082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A NINTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 14, To the extent that the plaintiff was injured as alleged in the Complaint, said injury was proximately caused by the negligence, breach of warranty and/or strict liability of persons other than this answering defendant. AS AND FOR A TENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 15. Plaintiff's claims and causes of action are barred, in whole or in part, because this answering defendant owed no legal duty to the plaintiff, or if it owed a legal duty, it did not breach that duty. AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 16. To the extent that the plaintiff may be able to prove her allegations with respect to negligence, statutory liability, strict liability, injury, and damages, all of which this answering defendant denies, such injury and damages were the result of intervening and/or interceding acts of superseding negligence on the part of persons over whom this answering defendant had no control or right of control. AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 17. Plaintiffs claims and causes of action are barred, in whole or in part, because the alleged danger of exposure, to the extent that danger existed at all, was open, obvious and well known to plaintiff. AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 18. At all times material hereto, the state of the medical and industrial art was such that there was no generally accepted or recognized knowledge of any unavoidable, unsafe, inherently 5 of 15 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM INDEEXNG E 282302082784 NYSCEF DOG. NO. 60 RECEIVED NYSCEF: 06/15/2023 dangerous or hazardous character or nature of thermal insulation products containing asbestos when used in the manner and purpose described by the plaintiff, therefore, there was no duty for this answering defendant to know of such character or nature, or to warn the plaintiff or others similarly situated. AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 19, At all times during the conduct of their corporate operations, the agents, servants and/or employees of this answering defendant used proper methods in connection with their products in conformity to the available knowledge and research of the scientific and industrial communities. AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE, THESE ANSWERING DEFENDANTS ASSERT, UPON INFORMATION AND BELIEF: 20. Plaintiff's claims and causes of action are barred, in whole or in part, because this answering defendant exercised due care and conducted itself in accord with applicable custom and practice in the industry, and complied with all then-existing federal, state and local statutory and regulatory requirements. AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 21. To the extent that the plaintiff sustained injuries from the use of products alleged to be connected to this answering defendant, which is denied, said injuries resulted from unforeseeable misuse of the product by such plaintiff, or by third parties over whom this answering defendant had no control or right of control. 6 of 15 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM IND®€XN® E 2623022082 784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 22, At all relevant times, this answering defendant exercised due care with respect to its activities and took reasonable precautions against foreseeable acts or omissions of others. AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 23. ‘To the extent that the plaintiff was exposed to asbestos-containing products alleged extent to have been in any way connected to this answering defendant, which is denied, and to the s that such alleged products were furnished pursuant to specifications supplied by the plaintiff' employer, the United States Government or other third parties, then any such product was furnished in strict conformity with such specifications. AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 24. As to all the causes of action pleaded in the Complaint which are based upon this expressed or implied representations, such causes of action are legally insufficient as against g answering defendant as there was no privity of contract between the plaintiff and this answerin defendant. AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 25. The plaintiff, neither directly nor indirectly, purchased any asbestos-containing upon products or materials from this answering defendant, and plaintiff neither received nor relied any representation allegedly made by this answering defendant. AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 26. To the extent that the plaintiff was exposed to any product in any way connected to l this answering defendant, which is denied, said exposure was de minimis and not a substantia 7 of 15 INDEEXNG E 282302082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 contributing factor to any asbestos-related disease which plaintiff may have developed, thus requiring dismissal of the Complaint against this answering defendant. AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 27. No acts or omissions of this answering defendant proximately caused any damages. AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 28, ‘The product allegedly attributed to this answering defendant (“the Product”) was not defective or dangerous at any time when said defendant had possession or control of it. AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 29, No implied warranties, including the warranties of merchantability and fitness for a particular purpose, became a part of the basis of the bargain in the sale of the Product. AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 30. This answering defendant is not liable to the plaintiff for the damages alleged in the Complaint because such damages are excluded and not recoverable under express warranty. AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 31. Oral warranties upon which the plaintiff allegedly relied are unavailable as violative of the provisions of the applicable Statute of Frauds. AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT\ ASSERTS, UPON INFORMATION AND BELIEF: 32, To the extent that plaintiff sustained injuries from the use of a product alleged to contain asbestos, which is denied, plaintiff, other defendants, or other parties not under the control of this answering defendant misused, abused, misapplied and otherwise mishandled the product 8 of 15 INDEEXNG E 282302082784 FLELHEMONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 alleged to be asbestos material. Therefore, the amount of damages which may be recoverable must be diminished by the proportion which said misuse, abuse, misapplication, and mishandling bears to the conduct which caused the alleged damage or injury. AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 33. In the event it should be proven at the time of trial that all the defendants are subject to market share liability, then this answering defendant’s share of such liability would be of such a de minimis amount as to make its contribution for damages negligible, and this answering defendant would be entitled to contribution, either in whole or in part, from co-defendants. AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 34. Pursuant to Section 15-108 of the New York General Obligations Laws, plaintiff's recovery, if any, from this answering defendant must be reduced by the greatest of (1) any amounts actually paid by any person or entity for any of the injuries, costs, damages and expenses alleged in the Complaint; or (2) any amounts stipulated or otherwise agreed to in any release of or covenant not to sue any person or entity for any injuries, costs, damages or expenses alleged in the Complaint; or (3) the equitable share of the liability of any person or entity that has received, or hereafter receives, any release from liability or covenant not to sue with respect to any of the injuries, costs, damages and expenses alleged in the Complaint. AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 35. This answering defendant denies that the asbestos products alleged in plaintiff's Complaint are products within the meaning and scope of the Restatement of Torts Section 402A and, as such, the Complaint fails to state a cause of action in strict liability. 9 of 15 INDEEXNG E 282302082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 36. This answering defendant cannot be held jointly and severally liable for acts and omissions of other defendants because their acts or omissions were separate and distinct, and the alleged harm is divisible. AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 37. This answering defendant had no knowledge or reason to know of any alleged risks associated with asbestos and/or asbestos-containing products at any time during the periods complained of. AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 38. If this answering defendant was on notice of any hazard or defect for which plaintiff seeks relief, which this answering defendant denies, plaintiff also had such notice and is thereby barred from recovery. AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 39. Plaintiff's claims are barred because of plaintiffs failure to join necessary and indispensable parties. AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 40. Plaintiff's causes of action for exemplary or punitive damages are barred because such damages are not recoverable or warranted in this action. 10 of 15 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM INDEEXNG E 282302082784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 41. Plaintiff's demand for punitive damages is barred by the due process clauses of the Fourteenth Amendment to the United States Constitution and the New York State Constitution. AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 42, Plaintiffs demand for punitive damages is barred by the proscription of the Eighth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and Article 1, Section 5 of the New York State Constitution prohibiting the imposition of excessive fines. AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 43. ‘The recoverable damages, if any, should be diminished under the collateral source rule, N.Y, CPLR 4545. AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 44, The recoverable damages, if any, should be diminished to the extent the plaintiff may have failed to mitigate her damages. AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 45. Plaintiff's demand for punitive damages is barred by the "double jeopardy" clause of the Fifth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, and Article 1, Section 6 of the New York State Constitution. 11 of 15 INDEEXNG E 282302082784 FECA MONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 46. To the extent that the Complaint secks to impose joint and several liability for allegedly acting in concert as an exception to Article 16 of the CPLR, this answering defendant asserts that the alleged conduct is protected by the First Amendment to the United States Constitution and by Article 1, Section 8, of the Constitution of the State of New York. AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 47. Plaintiff's claim may be barred by the doctrine of res judicata and/or collateral estoppel. AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 48. Liability for non-economic loss is limited by the provisions of Article 16 of the New York CPLR. AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 49. Plaintiff contributed to her illnesses, cither in whole or in part, by exposure to or the use of tobacco products and/or other substances, products, medications, or drugs. AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 50. Plaintiff's employer was a sophisticated purchaser upon which devolved all responsibility for the products referred to in plaintiff's Complaint. 12 of 15 INDEEXNG E 282302082784 FLELHEMONROE COUNTY CLERK 06/15/2023 11:14 AM NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 . AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 51. Proceeding in this manner without Johns-Manville, Unarco, Amatex, Pacor, Forty- Eight Insulations and/or Standard Insulations, and all other entities in bankruptcy relating thereto, would be in violation of this answering defendant’s constitutional rights. AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF; 52. All defenses which have been or will be asserted by other defendants and/or any third-party defendants in this action are adopted and incorporated by reference as if fully set forth at length herein as defenses to plaintiff's Complaint. In addition, this answering defendant will rely upon any and all other further defenses which become available or appear during discovery proceedings in this action, and hereby specifically reserves the right to amend its Answer for the purpose of asserting any such additional affirmative defenses. AS AND FOR A SEPARATE AND DISTINCT AFFIRMATIVE DEFENSE, AND BY WAY OF A CROSS-CLAIM AGAINST ALL CO-DEFENDANTS HEREIN, THIS ANSWERING DEFENDANT ASSERTS, UPON INFORMATION AND BELIEF: 53. To the extent that plaintiff may recover damages from this answering defendant, this answering defendant is entitled to indemnification and/or contribution, in whole or in part, from each of the other defendants in this action. REPLY TO CROSS-CLAIMS 54. This answering defendant hereby denies any and all cross-claims now or hereafter asserted against it; asserts all defenses, including those set forth above; and avers that this answering defendant is not liable to plaintiff, defendants, to any third-party defendants, or to others. 13 of 15 INDEEXNG E 282302082784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 WHEREFORE, the Defendants, Alray Construction Corp. {/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc., demands judgment dismissing the Complaint herein, with costs, and to the extent of any recovery by plaintiff against Defendants, Alray Construction Corp. {/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc., herein, demands judgment dismissing or diminishing plaintiff's damages in the proportion which the culpable conduct attributed to the plaintiff bears to the culpable conduct which may have caused such damages; apportioning any judgment against each of the other defendants herein for contribution and/or indemnification; together with this answering defendant’s costs and disbursements in this action; and for such other and further relief as may be just and proper. DATED: Buffalo, New York June 14, 2023 HURWITZ FINE P.C. Attorneys for Defendants Alray Construction Corp. f/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc. Wak A Ll amioté Mark S. Nemeth, Esq. 424 Main Street, Suite 1300 Buffalo, New York 14202 TO LIPSITZ, PONTERIO & COMERFORD, LLC Attorneys for Plaintiffs John P. Comerford, Esq. 424 Main Street, Suite 1500 Buffalo, NY 14202 14 of 15 INDEEXNG E 282302082784 NYSCEF DOC. NO. 60 RECEIVED NYSCEF: 06/15/2023 VERIFICATION The undersigned attorney admitted to practice in the courts of New York State, shows; that deponent is the attorney of record for the defendants, Alray Construction Corp. f{/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc. in the within action; that deponent has read the foregoing verified answer and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. Deponent further says that the reason this verification is made by deponent and not by defendant is that the defendants, Alray Construction Corp. {/k/a Hebert Construction Corp. and R. E. Hebert and Company, Inc.’s offices are not located in the county and/or does not reside in the county at which your deponent's offices are located. The undersigned affirms that the foregoing statements are true under the penalties of perjury. DATED: Buffalo, New York June 14, 2023 15 of 15