On April 06, 2022 a
Motion,Ex Parte
was filed
involving a dispute between
Bradford Brett,
Linda Johnson-Brett,
and
A.O. Smith Corporation.,,
Avon Products, Inc.,,
Bird Incorporated,,
Brenntag North America, Inc., Individually And As Successor In Interest To Mineral Pigment Solutions, Inc., As Successor In Interest To Whittaker, Clark & Daniels, Inc.,,
Bristol-Myers Squibb Company,
Burnham Holdings Llc,
Burnham, Llc, Individually And As Successor To Burnham Corporation,,
Carrier Corporation,,
Chanel, Inc.,,
Clinique Laboratories, Llc,,
Colgate Palmolive Company,
Compudyne Corporation, Individually And As Successor To York-Shipley,
Conopco, Inc., Individually And As Successor In Interest To Cheseborough-Ponds, Inc.,,
Coty, Inc.,,
Crane Co.,,
Crown Boiler Co.,,
Dap, Inc.,,
Ecr International, Inc., Individually And As Successor In Interest To Dunkirk, Dunkirk Boilers And Utica Boilers,,
Elizabeth Arden, Inc., Individually And As Successor In Interest To Evyan Perfumes, Inc.,,
Estee Lauder, Inc.,,
Estee Lauder International, Inc.,,
Fort Kent Holdings, Inc., F K A Dunham-Bush, Inc.,,
Friend Lumber Company Of Lowell,,
General Electric Company,,
Goulds Pumps, Inc.,,
Grinnell Llc,,
Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,,
Itt Corporation, Individually, And As Successor In Interest To Bell & Gossett And Hoffman Specialty,,
Kaiser Gypsum Company, Inc.,,
Keeler-Dorr-Oliver Boiler Company,,
Macys, Inc.,,
Mineral And Pigment Solutions, Inc., F K A Whittaker, Clark & Daniels, Inc.,,
Minnesota Mining & Manufacturing Company, A K A 3M Company,,
New Yorker Boiler Co., 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,,
Parfums De Couer Ltd,
Pecora Corp.,,
Pfizer, Inc., Individually And As Successor To Coty Inc.,,
Revlon, Inc., Individually And As Successor In Interest To Jean Nate, Evyan Perfumes, Inc. And Enjoli, Inc.,,
Rheem Manufacturing Co., Rudd Water Heater Division,,
R.W. Beckett Corp.,,
Schneider Electric Usa, Inc., Formerly Known As Square D Company,
Slant Fin Corporation,,
Sos Products Co. Inc.,,
Spirax Sarco, Inc., Individually And As Successor To Sarco Company,,
Union Carbide Corporation,,
Weil Mclain, A Division Of The Marley Wylain Company,,
Whittaker, Clark & Daniels, Inc.,,
for Torts - Asbestos
in the District Court of Monroe County.
Preview
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM INDEX NO. E2022002698
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3577456
Book Page CIVIL
Return To: No. Pages: 102
KUSH SHUKLA
1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S)
New York, NY 10018
Control #: 202309220844
Index #: E2022002698
Date: 09/22/2023
JOHNSON-BRETT, LINDA Time: 1:37:15 PM
BRETT, BRADFORD
A.O. SMITH CORPORATION.,
AVON PRODUCTS, INC.,
BIRD INCORPORATED,
BRENNTAG NORTH AMERICA, INC., individually and as
successor in interest to MINERAL PIGMENT SOLUTIONS,
INC., as successor in interest to WHITTAKER, CLARK &
DANIELS, INC.,
BURNHAM, LLC, individually and as successor to BURNHAM
CORPORATION,
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
202309220844 Index #
INDEX : E2022002698
NO. E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
EXHIBIT 36
EXHIBIT 36
202309220844 Index#:E2022002698
INDEX NO. E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
1 SUPREME COURT OP THE STATE OF NEW YORK
COUNTY OF NEW YORK
2 INDEX NO. 107211/08
- - -
3 IN RE: NEW YORK CITY ASBESTOS LITIGATION
-----------------------------------------
4 SHELLY BERNARD,
5 Plaintif f,
6 v.
7 BROOKFIELD PROPERTIES CORP., et al.,
8 Defendants.
---------------------------------------
9 LORI KONOPKA-SAUER and RICHARD KONOPKA,
as executors of the ESTATE OF KAREN TEDRICK,
10
Plaintif fs, Index No. 190078/08
11
v.
12
COLGATE-PALMOLIVE COMPANY,
13 .
Defendant.
14 - - -
VIDEOTAPED
15 DEPOSITION UNDER ORAL EXAMINATION OF
16 DONALD FERRY
17 VOLUME I
18 Spring Lake Heights, New Jersey
19 July 6, 2010
20 - - -
21 REPORTED BY: LAURA A. GRABOWSKI, CCR
22 - - -
PRIORITY-ONE
23 COURT REPORTING SERVICES, INC.
: 25B Vreeland Road
24 Suite 301
Florham Park, New Jersey 07932
25 (718) 983-1234
Priority-One Court Reporting Services, Inc. 718-983-1234
25BVreclandRoad,Suite301,FlorhamPark,NJ07932
202309220844 Index NO.
INDEX #: E2022002698
E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
. . .. . . .
2 4
1 Transcript of the deposidon of DONALD 1 ---
2 PERRY, called (br Orat h=t=*t= in the 2 I N D EX
3 above-captioned matter, said depositientaken 3 ---
4 pursuant goSuperior Court Roles of Practiceand 4
5 Procedureby and befbscl.AURA A. ORABOWSKl, a 5 Testimony of: DONA1D PERRY PAOB
6 Cerdfied ShorthandReporter and Notary Public fbr s
7 the StageofNew Jersey, st tho ofBeesof MARRIOTT, 7 DIRECT EXAMINATION BY MS. RAPHABL 7
8 CALLAHAN, BLAIR & GREER, 2405 State Highway 71, 8
9 Spring Lake Heights, New Jersey,cammm-ing at 10.35 9
10 a.m. l o
11 11
12 --- 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19
20 20
21 21
22 22
23 23
24 24
25 25
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1 APPEARANGE 1 - - -
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a sooturd Avous, D& Roor 3 -- -
NewYodr,NewYork 10022
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searr..sisco,aimunia M1st 9 Ferry-3 36
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MEREDITHM. SHAW,ESQ. 10 Ferry-4 40
s Ase..prernerendance 11 Ferry-5
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MARJGOrr,CASAGRANDE, CAuAHAN, BLAR & GREER,P.C.
11 2405StatoMghwayn . 13 F -7 96
8pins take Heists*Nowlersey0TI62 14 Ferry-8 100
12 av: wn.uAMO. MARRUrr, ESQ.
15 Ferry-9 103
Aumneysfbr DonaldPerry,distlignuss
16 Fem-10 120
14 --. 17 Feny-11 121
25
18 Ferry-12 131
'1'., 19 Feny-13 140
is 20
18
20 21
sa 22
22 23
24
2s 25
2 (Pages 2 to 5)
. Priority-One Court Reporting Inc.
Services, . 7t8-983-1234
25B Vreeland Road, Suite301, Florham Park, NJ 07932
202309220844 Index NO.
INDEX #: E2022002698
E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
6 8
1 . - - 1 . A. Donald Reichert Feny, F-e-r-r-y.
2 DEPOSITION SUPPORT INDEX 2 Q. And Mr. Feny, where were you born?
3 - - - 3 A. Orange, New Jersey.
4 4 Q. Did you ever move from New Jersey?
5 Direction to Witness Not to Answer 5 A. No.
6 Page Line Page Line Page Line 6 Q. Always lived in New Jersey?
7 None 7 A. Correct.
8 . 8 Q. And what is your birth date?
9 9 A. 1929.
10 Request for Production of Documents 10 Q. is highest level of your
11 Page Line Page Unc Page Line 11 ~l=='ian9
12 None 12 A. College graduate.
13 13 Q. And where did you go to college?
14 14 A. Oglethorpe University.
15 Stipulations 15 Q. Where is that?
16 Page Line Page Line Page Line 16 A. Atlanta, Geosgia.
17 None 17 Q. What was your first job?
18 18 A. My first job? It was with the United
19 19 States Navy.
20 Portions of Transcript Marked 20 Q. And what did yon do in the Navy?
21 Page Line Page Line Page Line 21 A. 1was ASW officer, finished up as gun
22 77 10 22 boss.
23 23 Q. Where wate you stationed?
2 4. 24 A. Newport, Rhode Island.
25 25 Q. What years were you in the Navy?
7 9
1 -- - 1 A. 1952 to 1957.
2 DONALD FERRY, 1 Beacon Boulevard, Sea 2 Q. What did you do aner the Navy?
3 Girt, New 3ersey, aner having been duty swom, was 3 A. Went to work for a thmGy firm.
4 examined and testified as follows: 4 Q. What firm was that?
5 --- 5 A. Charles Mathieu, Incorporated.
6 DIRECT EXAMINATION BY MS. RAPHAEL: 6 Q. Would you spell Mathien?
7 "-" 7 A. M-a-t-h-le-u.
B Q. Good moming. My name is Audrey 8 Q.I am going to ask you some questions
9 Perhnan Raphael, and I represent the plaintiffs in 9 about Charles Mathieu. Do you know when Charles
10 this case. I am going to be asking you some 10 Mathieu was incorporated?
11 questions today. If there's any questions that you 11 A. I do not remember.
12 don't understand, let me know, we will assume that 12 Q. I have an incorporation document that
13 you understood them. If you don't hear me for some 13 I am going to show you which says that it was
14 reason, 1stme know. If you need to take a break, 14 incorporated on February 23rd, 1933. Does that
15 let me know. General rules are, don't guess. If 15 mfresh your recollection?
16 you don't know, that's a fine answer. Just let us 16 A. Probably conect.
17 know. If you have an idea and you want to answer, 17 Q. I am going to give a copy to the
18 that's okay, but don't guess, okay? Let us know any . 18 court reporter to mark as an exhibit. This will be
19 time you want to take a break, okay? You are . 19 Exhibit 1, a copy for you.
2o representedbere today? 20 (A doonment is marked as Feny-1 for
21 A. Yes. 21 Identification.)
22 Q. And is that by your attomey sitting . 22 Q. This is Exhibit 1, has been Bates
23 here? 23 stamped MET 0001. This is a certificate of
24 A. Yes, Winism Maniott. 24 incorporation of Charles Mathies. Have you ever
25 Q. What is your full name? 25 seen this document before?
. . . 3 (Pages 6 to 9)
3 Priority-One Court Repotting Services, Inc. . 16-983-1234..
25B Vreeland Road, Suite 301, Florham Park, NJ 07932 . . . .. ..
202309220844 Index NO.
INDEX #: E2022002698
E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
DONALD FERRY - VOLUME I
.
10 12
1 A. Not to my knowledge, no. 1 --
Actually
2 Q. Does this refresh your recollection 2 Q. You can't remember? If it comes to
3 that Charles Mathieu was incorporated on 3 you, you could -
4 February 28, 19337 4 A. Val Germanisco.
s MR.. TOVEY: Object to the foun. 5 Q. Val Germanisea - I am sorry. 1 am
6 A. Yes, that sounds correct. 6 probably not pronouncing it correct
7 Q. Do you know where Charles Mathicu was 7 A. That's all right.
8 incorporated? 8 Q. Val Germanisea was the mine that was
9 A. New York. I believe New York, but 9 used as the source of the Italian tale for the
10 thats a guess. 10 United States cosmetic tandset?
11 Q. If you look on the second page, which 11 A. To the best of my knowledge.
12 is on the hottom Batea stamped MBT 0002, if you 12 Q. Did Charles Mathieu also engage in
13 would just look through the first paragraph, I 13 general shipping of freight?
14 believe that this says that Charles Mathieu was 14 A. No.
15 incorporated in New Jersey. Would you see if that 15 Q. I am just going to read Bom --I
16 refreshes your recollection? 16 think this is paragraph C of the incorporation
17 A. Thafs what it says, yeah. 17 document, the cettificate of incorporation, and it
18 Q. Do you have any reason to think that 18 saya, To pumbase, hold, own, take over, maintain,
19 it was notincorporated in New Jersey? 19 develop, sell, convey, leasesmottgage, exchange,
20 A. No. 20 improve and to deal with the real estate and real
21 Q. What was the purpose of the Charles 21 property of any interest and rights therein without
22 Mathieu company? 22 limit as to amount Did they actually do that,
23 A. It was to import Italian tale in the 23 engage in real estate?
24 United States cosmetic pharmaceutic market 24 A. No.
25 Q. And is that in fact what Charles 25 Q. So they import the talc?
1t 13
1 Mathico did? 1 A. Correct.
2 A. Correct. 2 Q. Did they ever process talc?
3 Q. Did they act as an agent or 3 A. No, not -
4 representative of foreign cosporations? 4 Q. That company did not process tale,
5 A. 'they represented the halian talc 5 they just imported it?
6 mines in northern Italy. 6 A. Thats correct.
...---- 7 Q. Which mines in1taly did they 7 Q. Did they import ore, tale ore?
8 represent? 8 A. Eventually.
9 A. Well, the name of the firm was 9 Q. Was there a time when they imported
10 Societa Talco e Graf1te Val Chisone. 10 talc that was processed already?
11 Q. And was that firm associated with 11 A. Šhats what they did.
12 more than one mine or was there one mine? 12 Q. Okay. So the Italian talo was
13 A. For the importation it was one mine. 13 processed in Italy?
14 Q. Was all the Italian talc imported for 14 A. Correct.
15 the U.S. cosmetic market imported from one mine? 15 Q. Did Charles Mathieu ever import ore,
16 A. Correct. 16 as in like a rock form that was not processed?
17 Q. And did that stay the same for the 17 A. Yes.
18 entire time that Charles Mathieu was incorporated? 18 Q. When did they start importing talc
19 A. Correct. 19 ore?
20 Q. Do you know the name of that mine? 20 A. I don't remember. I don't remember
21 A. I am afraid it's gone from my mind. 21 the year.
22 Q. Do youknow if it was the Pinerolo 22 Q. A decade?
23 mine? 23 A.Well, at least, yeah.
24 A. Well, the firm was located in 24 Q. The '30s,'40s, 'S0s, '60s? Do you
, 2S Pinerolo, the mine was outside of Pinerolo. 25 remember a decade or about?
.. e . 2 4 (Pages 10 to 13)
Priority-One Court Reporting Services, inc. . . 18-983-1234 ..
25B Vreeland Road, Suite 301, Florham Park, NJ 07932 . .. P.. .. . . .
.. .
202309220844 Index NO.
INDEX #: E2022002698
E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
. .
DONALD FERRY - VOLUME I
..---
14 16
1 A. I have to guess. 1 Q. Did they process - did they process
2 Q. Okay. No, thafa okay. 2 the Italian tale there or was it processed in Italy?
3 A. I don't really remember. 3 A. No, it was processed here.
4 Q. But it was always 8om the same mine? 4 Q. It was processed at Metropolitan?
5 A. Correct. 5 A. Correct.
6 Q. Okay. Wim were the incorporators? 6 Q. So did it come over in ore form to
7 A. I wasn't bom then, you know. 7 South Plainfield?
8 Q. Okay. I think I can help you on 8 A, Yes, crude ore.
9 page six. Its on the bottom, it anys MET 0005, is 9 Q. Did Charles Mathieu have any ofBee
10 our Bases number. . 10 space in the United States?
11 A. 005. 11 A. Yes.
12 Q. Yes. 12 Q. And when was that?
13 A. Page five. 13 A. Well, 6om its inception until -
14 Q. Right. Well, the page would be page 14 well, until its dissolution, really.
15 four, but our Bates number is MET 005, ifs a little 15 Q. Before the Metropolitan plant was
16 easier to read. 16 opened in South Plainfield, was there a plaeo where
17 A. Yeah. 17 the ore -- where the Italian talc was shipped in the
18 Q. And I believe it says the 18 United States?
19 incoeporators were Charles Mathieu, Joseph Feny and 19 . A. Say that again, please.
20 J. Glenn Anderson. Does that re&esh your memory? 20 Q. When Metropolitan was opened, I think
21 A. Well, of course I know Charles 21 the talo eame from Italy to the Metropolitan plant
22 Mathieu, Joseph Ferry. Olenn Anderson, I don't 22 Is that correct?
23 know. 23 A. Thafs correct.
24 Q. Who was Charles Mathieu? 24 Q. Before the Metropolitan plant was
25 A. Charles Mathieu is the Italian who 25 open, was there a place where the Italian tale was
15 17
1 was sent over here by the Italian talc mine to open 1 shipped in the United States?
2 the cosmetic market in the United States to Italian 2 A. Where it was stored?
3 tale. 3 Q. Yes.
4 Q. And Joseph Ferry? 4 A. Yes.
5 A. My father. 5 Q. Where was that?
6 Q. Did Charles Mathieu have a 6 A. It was the Free Zone in Staten
7 manufacturing plant in the United States? 7 Island.
8 A. No. How do you answer that? Charlea B Q. What is the Free Zone?
9 Mathieu, you are talking about the man? 9 A. Free Zone was a - was a storage
10 Q. The company. 10 facility for the importation of foreign goods where
11 A. Eventually, yes, they did. 11 you did not have to pay the import tax until it was
12 Q. Do you know when Charles Mathieu the 12 physleally moved in the United States to the
13 company opened up a plant in the United States, 13 cuatomer.
14 about what year? 14 Q. Okay. And did you use the Free Zone
15 A. '70s, mid '70s. 15 aAer Metropolitan Tale was opened?
16 Q. And why did they open up a plant in 16 A. No.
17 the United States? 17 Q. So when Metropolitan was opened the
18 A. Well, the -- to the best of my 18 tale went directly to Metropolitan instead of to the
19 knowledge, it was opened -- the plant was opened in 19 Free Zone?
2o order to eliminate the import taxes and shipping of 20 A. Correct.
21 finished goods and to insure the purity. 21 Q. And it was stored there until it was
22 Q. And where was that plant? 22 shipped to customers?
23 A. South Plainfield, New Jersey. 23 A. Correct.
24 Q. Was there a name of the plant? 24 Q. Was the Italian tale used for any
2S A. Metropolitan Tale Company. 25 other industry other than the U.S. cosmetic market?
5 (Pages 14 to 17)
Priority-One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, Suite 301, Florham Park, NJ 07932
202309220844 Index NO.
INDEX #: E2022002698
E2022002698
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM
NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023
2 019
DONALD FERRY - VOLUME I
18 20
1 A. There was minor uses, ye,1 think 1 congnnier that did mine minerals in the United
2 so. 2 States?
3 Q. Do you remember what those were? 3 A. Yes.
4 A. Oh, it was used in some dusting 4 Q. What companies were those?
5 operations and the processing of pharmaceutical, 5 A. I am trying to remember all of them.
. 6 rubber goods, things like that. 6 Q. Was one of them American Talc?
7 Q. Was Colgate a customer of this 7 A. Yes.
8 Italian talc? 8 Q. Was one of themResomcc Processors?
9 A. It was. 9 A. Yes.
10 Q. Do you remember the 8rst date that 10 Q. Was one of them Whittaker, Clark &
11 Colgate was a customer of this Italian tale? 11 Daniels?
12 A. No, I don't. That was before my 12 A. No. ·
13 time. 13 Q. Did Metropolitan Talc mine talc?
14 Q. Was the talc that was used in the 14 A. No.
15 dusting operation from the same mine - and I don't 15 Q. So Metropolitan Talc processed tale?
16 remember how to pronounce that - the samemine that 16 A. Correct
17 was used for the cosmetic talc? 17 Q. And didn't mine?
18 A. Yes. 18 A. Correct
19 Q. It also says in the incorporation 19 Q. American Talc, did they - they mined
20 document that - ch, actually, this is on a page 20 talc?
21 that's Bates stamped MET 0009. There's an amendment 21 A. Yes.
22 to the cereihu of incorporation in - on Januuy 22 Q. Did they also process talc?
23 of 1949, and Donald Hayes is listed on Bates stamped 23 A. Yea.
2e 0011. He signs this. Who was Donald Hayes? 24 Q. And how about Resource Processors?
25 A. He was a lawyer with a law firm in 25 A. They mined talc.
19 21
1 New York. 1 Q. And did they alsoprocesstale?
2 Q. Was he ever an owner of Charges 2 A. No.
3 Mathieu? 3 Q. Did Charles Mathieu aen any tale
4 A. No. 4 that was mined in the Unhed Statesto the cosmedc
5 Q. He is the secretary of Charles 5 industry in the United States?
6 Mathieu? 6 A. I dont remendber.
7 A. I don't recall. 7 Q. So Calgate was a customerof Charles
8 Q. There's another certificate of a Mathieu. That's correct?
9 amendment dated May 2nd - ch, May Sth, 1966, that% 9 A. Initially, yes.
10 Bates stamped numher MET0013, and I believe that 10 Q. Do you remember any of the - any
11 that says that Joseph Ferry is the president and 11 other customers of Charles Mathicu in the cosmetie
12 Donald Hayes is the secretary. Does that reitesh 12 industry at any time?
13 your recollection? 13 A. Yes.
14 A. Yes. He was ourlegal advisor. 14 Q. Could you give me someof those
15 Q. Did Charles Mathieu ever mine any 15 names?
16 minerals or they just imported? They never did 16 A. Johnson & Johnson. Most cosmetic
17 their own mining? 17 housesbought Italian tale there. Name the cosmetic
18 A. No, they did not. 18 houses.
19 Q. So they never inined any minerals 19 Q. Okay. I am going to askyou some
2 D inside the United States? 20 quesdons about the American Thic Company. Do you
21 A. No, 21 remember the date that theAmerican Tale Company was
22 Q. And they did not mine minerals 22 incorporated?
23 outside the United States? 23 A. No, 1do not.
24 A. No.
Preview
FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM INDEX NO. E2022002698 NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3577456 Book Page CIVIL Return To: No. Pages: 102 KUSH SHUKLA 1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S) New York, NY 10018 Control #: 202309220844 Index #: E2022002698 Date: 09/22/2023 JOHNSON-BRETT, LINDA Time: 1:37:15 PM BRETT, BRADFORD A.O. SMITH CORPORATION., AVON PRODUCTS, INC., BIRD INCORPORATED, BRENNTAG NORTH AMERICA, INC., individually and as successor in interest to MINERAL PIGMENT SOLUTIONS, INC., as successor in interest to WHITTAKER, CLARK & DANIELS, INC., BURNHAM, LLC, individually and as successor to BURNHAM CORPORATION, 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 202309220844 Index # INDEX : E2022002698 NO. E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 EXHIBIT 36 EXHIBIT 36 202309220844 Index#:E2022002698 INDEX NO. E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 1 SUPREME COURT OP THE STATE OF NEW YORK COUNTY OF NEW YORK 2 INDEX NO. 107211/08 - - - 3 IN RE: NEW YORK CITY ASBESTOS LITIGATION ----------------------------------------- 4 SHELLY BERNARD, 5 Plaintif f, 6 v. 7 BROOKFIELD PROPERTIES CORP., et al., 8 Defendants. --------------------------------------- 9 LORI KONOPKA-SAUER and RICHARD KONOPKA, as executors of the ESTATE OF KAREN TEDRICK, 10 Plaintif fs, Index No. 190078/08 11 v. 12 COLGATE-PALMOLIVE COMPANY, 13 . Defendant. 14 - - - VIDEOTAPED 15 DEPOSITION UNDER ORAL EXAMINATION OF 16 DONALD FERRY 17 VOLUME I 18 Spring Lake Heights, New Jersey 19 July 6, 2010 20 - - - 21 REPORTED BY: LAURA A. GRABOWSKI, CCR 22 - - - PRIORITY-ONE 23 COURT REPORTING SERVICES, INC. : 25B Vreeland Road 24 Suite 301 Florham Park, New Jersey 07932 25 (718) 983-1234 Priority-One Court Reporting Services, Inc. 718-983-1234 25BVreclandRoad,Suite301,FlorhamPark,NJ07932 202309220844 Index NO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 . . .. . . . 2 4 1 Transcript of the deposidon of DONALD 1 --- 2 PERRY, called (br Orat h=t=*t= in the 2 I N D EX 3 above-captioned matter, said depositientaken 3 --- 4 pursuant goSuperior Court Roles of Practiceand 4 5 Procedureby and befbscl.AURA A. ORABOWSKl, a 5 Testimony of: DONA1D PERRY PAOB 6 Cerdfied ShorthandReporter and Notary Public fbr s 7 the StageofNew Jersey, st tho ofBeesof MARRIOTT, 7 DIRECT EXAMINATION BY MS. RAPHABL 7 8 CALLAHAN, BLAIR & GREER, 2405 State Highway 71, 8 9 Spring Lake Heights, New Jersey,cammm-ing at 10.35 9 10 a.m. l o 11 11 12 --- 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 3 S 1 APPEARANGE 1 - - - * LBVY, PHILLtPS4 KONIOSBERO,LLP 2 E X H IBI T S a sooturd Avous, D& Roor 3 -- - NewYodr,NewYork 10022 4 * sy; AupRBY P.amesQ' 305mfA DISCENGER,Paralegal 5 NO DESCRIFTION PAGE s Amnemeyareenminum 6 7 Ferry-1 9 Qunm, suANUEL, URQin(AILT& SULUVAN.LLP v soc.urondasor.i,22na non, g Ferry .2 22 searr..sisco,aimunia M1st 9 Ferry-3 36 e BY: MOROANW,TOVEY,ESQ' MEREDITHM. SHAW,ESQ. 10 Ferry-4 40 s Ase..prernerendance 11 Ferry-5 lo 12 72 Ferry-6 MARJGOrr,CASAGRANDE, CAuAHAN, BLAR & GREER,P.C. 11 2405StatoMghwayn . 13 F -7 96 8pins take Heists*Nowlersey0TI62 14 Ferry-8 100 12 av: wn.uAMO. MARRUrr, ESQ. 15 Ferry-9 103 Aumneysfbr DonaldPerry,distlignuss 16 Fem-10 120 14 --. 17 Feny-11 121 25 18 Ferry-12 131 '1'., 19 Feny-13 140 is 20 18 20 21 sa 22 22 23 24 2s 25 2 (Pages 2 to 5) . Priority-One Court Reporting Inc. Services, . 7t8-983-1234 25B Vreeland Road, Suite301, Florham Park, NJ 07932 202309220844 Index NO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 6 8 1 . - - 1 . A. Donald Reichert Feny, F-e-r-r-y. 2 DEPOSITION SUPPORT INDEX 2 Q. And Mr. Feny, where were you born? 3 - - - 3 A. Orange, New Jersey. 4 4 Q. Did you ever move from New Jersey? 5 Direction to Witness Not to Answer 5 A. No. 6 Page Line Page Line Page Line 6 Q. Always lived in New Jersey? 7 None 7 A. Correct. 8 . 8 Q. And what is your birth date? 9 9 A. 1929. 10 Request for Production of Documents 10 Q. is highest level of your 11 Page Line Page Unc Page Line 11 ~l=='ian9 12 None 12 A. College graduate. 13 13 Q. And where did you go to college? 14 14 A. Oglethorpe University. 15 Stipulations 15 Q. Where is that? 16 Page Line Page Line Page Line 16 A. Atlanta, Geosgia. 17 None 17 Q. What was your first job? 18 18 A. My first job? It was with the United 19 19 States Navy. 20 Portions of Transcript Marked 20 Q. And what did yon do in the Navy? 21 Page Line Page Line Page Line 21 A. 1was ASW officer, finished up as gun 22 77 10 22 boss. 23 23 Q. Where wate you stationed? 2 4. 24 A. Newport, Rhode Island. 25 25 Q. What years were you in the Navy? 7 9 1 -- - 1 A. 1952 to 1957. 2 DONALD FERRY, 1 Beacon Boulevard, Sea 2 Q. What did you do aner the Navy? 3 Girt, New 3ersey, aner having been duty swom, was 3 A. Went to work for a thmGy firm. 4 examined and testified as follows: 4 Q. What firm was that? 5 --- 5 A. Charles Mathieu, Incorporated. 6 DIRECT EXAMINATION BY MS. RAPHAEL: 6 Q. Would you spell Mathien? 7 "-" 7 A. M-a-t-h-le-u. B Q. Good moming. My name is Audrey 8 Q.I am going to ask you some questions 9 Perhnan Raphael, and I represent the plaintiffs in 9 about Charles Mathieu. Do you know when Charles 10 this case. I am going to be asking you some 10 Mathieu was incorporated? 11 questions today. If there's any questions that you 11 A. I do not remember. 12 don't understand, let me know, we will assume that 12 Q. I have an incorporation document that 13 you understood them. If you don't hear me for some 13 I am going to show you which says that it was 14 reason, 1stme know. If you need to take a break, 14 incorporated on February 23rd, 1933. Does that 15 let me know. General rules are, don't guess. If 15 mfresh your recollection? 16 you don't know, that's a fine answer. Just let us 16 A. Probably conect. 17 know. If you have an idea and you want to answer, 17 Q. I am going to give a copy to the 18 that's okay, but don't guess, okay? Let us know any . 18 court reporter to mark as an exhibit. This will be 19 time you want to take a break, okay? You are . 19 Exhibit 1, a copy for you. 2o representedbere today? 20 (A doonment is marked as Feny-1 for 21 A. Yes. 21 Identification.) 22 Q. And is that by your attomey sitting . 22 Q. This is Exhibit 1, has been Bates 23 here? 23 stamped MET 0001. This is a certificate of 24 A. Yes, Winism Maniott. 24 incorporation of Charles Mathies. Have you ever 25 Q. What is your full name? 25 seen this document before? . . . 3 (Pages 6 to 9) 3 Priority-One Court Repotting Services, Inc. . 16-983-1234.. 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 . . . .. .. 202309220844 Index NO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 DONALD FERRY - VOLUME I . 10 12 1 A. Not to my knowledge, no. 1 -- Actually 2 Q. Does this refresh your recollection 2 Q. You can't remember? If it comes to 3 that Charles Mathieu was incorporated on 3 you, you could - 4 February 28, 19337 4 A. Val Germanisco. s MR.. TOVEY: Object to the foun. 5 Q. Val Germanisea - I am sorry. 1 am 6 A. Yes, that sounds correct. 6 probably not pronouncing it correct 7 Q. Do you know where Charles Mathicu was 7 A. That's all right. 8 incorporated? 8 Q. Val Germanisea was the mine that was 9 A. New York. I believe New York, but 9 used as the source of the Italian tale for the 10 thats a guess. 10 United States cosmetic tandset? 11 Q. If you look on the second page, which 11 A. To the best of my knowledge. 12 is on the hottom Batea stamped MBT 0002, if you 12 Q. Did Charles Mathieu also engage in 13 would just look through the first paragraph, I 13 general shipping of freight? 14 believe that this says that Charles Mathieu was 14 A. No. 15 incorporated in New Jersey. Would you see if that 15 Q. I am just going to read Bom --I 16 refreshes your recollection? 16 think this is paragraph C of the incorporation 17 A. Thafs what it says, yeah. 17 document, the cettificate of incorporation, and it 18 Q. Do you have any reason to think that 18 saya, To pumbase, hold, own, take over, maintain, 19 it was notincorporated in New Jersey? 19 develop, sell, convey, leasesmottgage, exchange, 20 A. No. 20 improve and to deal with the real estate and real 21 Q. What was the purpose of the Charles 21 property of any interest and rights therein without 22 Mathieu company? 22 limit as to amount Did they actually do that, 23 A. It was to import Italian tale in the 23 engage in real estate? 24 United States cosmetic pharmaceutic market 24 A. No. 25 Q. And is that in fact what Charles 25 Q. So they import the talc? 1t 13 1 Mathico did? 1 A. Correct. 2 A. Correct. 2 Q. Did they ever process talc? 3 Q. Did they act as an agent or 3 A. No, not - 4 representative of foreign cosporations? 4 Q. That company did not process tale, 5 A. 'they represented the halian talc 5 they just imported it? 6 mines in northern Italy. 6 A. Thats correct. ...---- 7 Q. Which mines in1taly did they 7 Q. Did they import ore, tale ore? 8 represent? 8 A. Eventually. 9 A. Well, the name of the firm was 9 Q. Was there a time when they imported 10 Societa Talco e Graf1te Val Chisone. 10 talc that was processed already? 11 Q. And was that firm associated with 11 A. Šhats what they did. 12 more than one mine or was there one mine? 12 Q. Okay. So the Italian talo was 13 A. For the importation it was one mine. 13 processed in Italy? 14 Q. Was all the Italian talc imported for 14 A. Correct. 15 the U.S. cosmetic market imported from one mine? 15 Q. Did Charles Mathieu ever import ore, 16 A. Correct. 16 as in like a rock form that was not processed? 17 Q. And did that stay the same for the 17 A. Yes. 18 entire time that Charles Mathieu was incorporated? 18 Q. When did they start importing talc 19 A. Correct. 19 ore? 20 Q. Do you know the name of that mine? 20 A. I don't remember. I don't remember 21 A. I am afraid it's gone from my mind. 21 the year. 22 Q. Do youknow if it was the Pinerolo 22 Q. A decade? 23 mine? 23 A.Well, at least, yeah. 24 A. Well, the firm was located in 24 Q. The '30s,'40s, 'S0s, '60s? Do you , 2S Pinerolo, the mine was outside of Pinerolo. 25 remember a decade or about? .. e . 2 4 (Pages 10 to 13) Priority-One Court Reporting Services, inc. . . 18-983-1234 .. 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 . .. P.. .. . . . .. . 202309220844 Index NO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 . . DONALD FERRY - VOLUME I ..--- 14 16 1 A. I have to guess. 1 Q. Did they process - did they process 2 Q. Okay. No, thafa okay. 2 the Italian tale there or was it processed in Italy? 3 A. I don't really remember. 3 A. No, it was processed here. 4 Q. But it was always 8om the same mine? 4 Q. It was processed at Metropolitan? 5 A. Correct. 5 A. Correct. 6 Q. Okay. Wim were the incorporators? 6 Q. So did it come over in ore form to 7 A. I wasn't bom then, you know. 7 South Plainfield? 8 Q. Okay. I think I can help you on 8 A, Yes, crude ore. 9 page six. Its on the bottom, it anys MET 0005, is 9 Q. Did Charles Mathieu have any ofBee 10 our Bases number. . 10 space in the United States? 11 A. 005. 11 A. Yes. 12 Q. Yes. 12 Q. And when was that? 13 A. Page five. 13 A. Well, 6om its inception until - 14 Q. Right. Well, the page would be page 14 well, until its dissolution, really. 15 four, but our Bates number is MET 005, ifs a little 15 Q. Before the Metropolitan plant was 16 easier to read. 16 opened in South Plainfield, was there a plaeo where 17 A. Yeah. 17 the ore -- where the Italian talc was shipped in the 18 Q. And I believe it says the 18 United States? 19 incoeporators were Charles Mathieu, Joseph Feny and 19 . A. Say that again, please. 20 J. Glenn Anderson. Does that re&esh your memory? 20 Q. When Metropolitan was opened, I think 21 A. Well, of course I know Charles 21 the talo eame from Italy to the Metropolitan plant 22 Mathieu, Joseph Ferry. Olenn Anderson, I don't 22 Is that correct? 23 know. 23 A. Thafs correct. 24 Q. Who was Charles Mathieu? 24 Q. Before the Metropolitan plant was 25 A. Charles Mathieu is the Italian who 25 open, was there a place where the Italian tale was 15 17 1 was sent over here by the Italian talc mine to open 1 shipped in the United States? 2 the cosmetic market in the United States to Italian 2 A. Where it was stored? 3 tale. 3 Q. Yes. 4 Q. And Joseph Ferry? 4 A. Yes. 5 A. My father. 5 Q. Where was that? 6 Q. Did Charles Mathieu have a 6 A. It was the Free Zone in Staten 7 manufacturing plant in the United States? 7 Island. 8 A. No. How do you answer that? Charlea B Q. What is the Free Zone? 9 Mathieu, you are talking about the man? 9 A. Free Zone was a - was a storage 10 Q. The company. 10 facility for the importation of foreign goods where 11 A. Eventually, yes, they did. 11 you did not have to pay the import tax until it was 12 Q. Do you know when Charles Mathieu the 12 physleally moved in the United States to the 13 company opened up a plant in the United States, 13 cuatomer. 14 about what year? 14 Q. Okay. And did you use the Free Zone 15 A. '70s, mid '70s. 15 aAer Metropolitan Tale was opened? 16 Q. And why did they open up a plant in 16 A. No. 17 the United States? 17 Q. So when Metropolitan was opened the 18 A. Well, the -- to the best of my 18 tale went directly to Metropolitan instead of to the 19 knowledge, it was opened -- the plant was opened in 19 Free Zone? 2o order to eliminate the import taxes and shipping of 20 A. Correct. 21 finished goods and to insure the purity. 21 Q. And it was stored there until it was 22 Q. And where was that plant? 22 shipped to customers? 23 A. South Plainfield, New Jersey. 23 A. Correct. 24 Q. Was there a name of the plant? 24 Q. Was the Italian tale used for any 2S A. Metropolitan Tale Company. 25 other industry other than the U.S. cosmetic market? 5 (Pages 14 to 17) Priority-One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, Suite 301, Florham Park, NJ 07932 202309220844 Index NO. INDEX #: E2022002698 E2022002698 FILED: MONROE COUNTY CLERK 09/22/2023 01:29 PM NYSCEF DOC. NO. 385 RECEIVED NYSCEF: 09/22/2023 2 019 DONALD FERRY - VOLUME I 18 20 1 A. There was minor uses, ye,1 think 1 congnnier that did mine minerals in the United 2 so. 2 States? 3 Q. Do you remember what those were? 3 A. Yes. 4 A. Oh, it was used in some dusting 4 Q. What companies were those? 5 operations and the processing of pharmaceutical, 5 A. I am trying to remember all of them. . 6 rubber goods, things like that. 6 Q. Was one of them American Talc? 7 Q. Was Colgate a customer of this 7 A. Yes. 8 Italian talc? 8 Q. Was one of themResomcc Processors? 9 A. It was. 9 A. Yes. 10 Q. Do you remember the 8rst date that 10 Q. Was one of them Whittaker, Clark & 11 Colgate was a customer of this Italian tale? 11 Daniels? 12 A. No, I don't. That was before my 12 A. No. · 13 time. 13 Q. Did Metropolitan Talc mine talc? 14 Q. Was the talc that was used in the 14 A. No. 15 dusting operation from the same mine - and I don't 15 Q. So Metropolitan Talc processed tale? 16 remember how to pronounce that - the samemine that 16 A. Correct 17 was used for the cosmetic talc? 17 Q. And didn't mine? 18 A. Yes. 18 A. Correct 19 Q. It also says in the incorporation 19 Q. American Talc, did they - they mined 20 document that - ch, actually, this is on a page 20 talc? 21 that's Bates stamped MET 0009. There's an amendment 21 A. Yes. 22 to the cereihu of incorporation in - on Januuy 22 Q. Did they also process talc? 23 of 1949, and Donald Hayes is listed on Bates stamped 23 A. Yea. 2e 0011. He signs this. Who was Donald Hayes? 24 Q. And how about Resource Processors? 25 A. He was a lawyer with a law firm in 25 A. They mined talc. 19 21 1 New York. 1 Q. And did they alsoprocesstale? 2 Q. Was he ever an owner of Charges 2 A. No. 3 Mathieu? 3 Q. Did Charles Mathieu aen any tale 4 A. No. 4 that was mined in the Unhed Statesto the cosmedc 5 Q. He is the secretary of Charles 5 industry in the United States? 6 Mathieu? 6 A. I dont remendber. 7 A. I don't recall. 7 Q. So Calgate was a customerof Charles 8 Q. There's another certificate of a Mathieu. That's correct? 9 amendment dated May 2nd - ch, May Sth, 1966, that% 9 A. Initially, yes. 10 Bates stamped numher MET0013, and I believe that 10 Q. Do you remember any of the - any 11 that says that Joseph Ferry is the president and 11 other customers of Charles Mathicu in the cosmetie 12 Donald Hayes is the secretary. Does that reitesh 12 industry at any time? 13 your recollection? 13 A. Yes. 14 A. Yes. He was ourlegal advisor. 14 Q. Could you give me someof those 15 Q. Did Charles Mathieu ever mine any 15 names? 16 minerals or they just imported? They never did 16 A. Johnson & Johnson. Most cosmetic 17 their own mining? 17 housesbought Italian tale there. Name the cosmetic 18 A. No, they did not. 18 houses. 19 Q. So they never inined any minerals 19 Q. Okay. I am going to askyou some 2 D inside the United States? 20 quesdons about the American Thic Company. Do you 21 A. No, 21 remember the date that theAmerican Tale Company was 22 Q. And they did not mine minerals 22 incorporated? 23 outside the United States? 23 A. No, 1do not. 24 A. No.