On January 05, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
Dan Albasry
As Trustee Of The Estate Of Newal Al Saad,
Firas Mohammad,
and
Barretts Minerals Inc.,
Beacon Cmp Corp.,
Brenntag Specialties Llc,
Charles B. Chrystal Company Inc.;,
Colgate Palmolive Co.;,
Conopco Inc.,
Glaxosmithkline Consumer Healthcare Holdings,
Glaxosmithkline Llc,
Gsk Consumer Health Inc.,
Lornamead Inc.,
Pfizer Inc.,
Port Jervis Laboratories Inc.,
The Procter & Gamble Co.,
Whittaker, Clark & Daniels Inc.,
Yardley Of London Inc.,
Yardley Of London Ltd.,,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 71
[*FILED:
1] NEW YORK COUNTY CLERK 07/10/2023
08/15/2018 10:29
12:47 PM INDEX NO. 190002/2023
190360/2016
NYSCEF DOC. NO. 156
54 RECEIVED NYSCEF: 07/10/2023
08/15/2018
SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY
PRESENT: MANUELJ.MENDEZ PART--"1-=-3_ _
Justice
IN RE: NEW YORK CITY ASBESTOS LITIGATION
DIANA PYLE and BARRY PYLE, INDEX NO. 190360/2016
Plaintiffs,
MOTION DATE 07/25/2018
- against -
MOTION SEQ. NO. 001
PFIZER INC., individually and as sucessor in interest
to COTY, INC, et al, MOTION CAL. NO.
Defendants.
The following papers, numbered 1 to 10 were read on this motion by defendants PFIZER INC. and COTY,
INC. pursuant to CPLR to §327[a] andCPLR §3211 to dismiss this action for forum non conveniens:
PAPERS NUMBERED
Notice of Motion/ Order to Show Cause -Affidavits Exhibits.. 1-4
Answering Affidavits - Exhibits - - - - - - - - - - - ~ 5 _ - ~ 7_ _ _ __
Replying Affidavits - - - - - - - - - - - - - - - ~ 8 _ - ~ 1 0 ~ - - - -
--ezn
0
Cross-motion YES X NO
Upon a reading of the foregoing cited papers, it is Ordered that Defendants Pfizer
w en Inc. and Coty, lnc.'s (hereinafter referred to as "Defendants") motion pursuant to CPLR
(.)
_w - 0
...J LL
...J
::, At her deposition taken on January 5, 2017 Mrs. Pyle remembered that her mother
LL used Coty L'Aimont talcum powder products from approximately 1953 when she was five
1- years old. At the time, her mother's use of the talcum products caused the air to become
(.)
w visibly dusty and Mrs. Pyle would breathe in the dust as a result of being in close proximity
0.. to her mother. She began using the Coty L'Aimont product on herself as part of a daily
en bathing routine starting in 1958, after bemg taught how to use it by her mother. Mrs. Pyle
w
0:: claimed that the packaging for the Coty L'Aimont talcum powder stated it was from "New
en York" (Opp. Exh. M, pgs. 24, 27, 33 and 88). Mrs. Pyle began using the Coty Emeraude
w talcum powder in 1963 and continued to do so through 1986, at various addresses. She
en recalled that applying the powder was messy and caused air borne dust that she would
Document Filed Date
July 10, 2023
Case Filing Date
January 05, 2023
Category
Torts - Asbestos
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 71 [*FILED: 1] NEW YORK COUNTY CLERK 07/10/2023 08/15/2018 10:29 12:47 PM INDEX NO. 190002/2023 190360/2016 NYSCEF DOC. NO. 156 54 RECEIVED NYSCEF: 07/10/2023 08/15/2018 SUPREME COURT OF THE STATE OF NEW YORK - NEW YORK COUNTY PRESENT: MANUELJ.MENDEZ PART--"1-=-3_ _ Justice IN RE: NEW YORK CITY ASBESTOS LITIGATION DIANA PYLE and BARRY PYLE, INDEX NO. 190360/2016 Plaintiffs, MOTION DATE 07/25/2018 - against - MOTION SEQ. NO. 001 PFIZER INC., individually and as sucessor in interest to COTY, INC, et al, MOTION CAL. NO. Defendants. The following papers, numbered 1 to 10 were read on this motion by defendants PFIZER INC. and COTY, INC. pursuant to CPLR to §327[a] andCPLR §3211 to dismiss this action for forum non conveniens: PAPERS NUMBERED Notice of Motion/ Order to Show Cause -Affidavits Exhibits.. 1-4 Answering Affidavits - Exhibits - - - - - - - - - - - ~ 5 _ - ~ 7_ _ _ __ Replying Affidavits - - - - - - - - - - - - - - - ~ 8 _ - ~ 1 0 ~ - - - - --ezn 0 Cross-motion YES X NO Upon a reading of the foregoing cited papers, it is Ordered that Defendants Pfizer w en Inc. and Coty, lnc.'s (hereinafter referred to as "Defendants") motion pursuant to CPLR (.) _w - 0 ...J LL ...J ::, At her deposition taken on January 5, 2017 Mrs. Pyle remembered that her mother LL used Coty L'Aimont talcum powder products from approximately 1953 when she was five 1- years old. At the time, her mother's use of the talcum products caused the air to become (.) w visibly dusty and Mrs. Pyle would breathe in the dust as a result of being in close proximity 0.. to her mother. She began using the Coty L'Aimont product on herself as part of a daily en bathing routine starting in 1958, after bemg taught how to use it by her mother. Mrs. Pyle w 0:: claimed that the packaging for the Coty L'Aimont talcum powder stated it was from "New en York" (Opp. Exh. M, pgs. 24, 27, 33 and 88). Mrs. Pyle began using the Coty Emeraude w talcum powder in 1963 and continued to do so through 1986, at various addresses. She en recalled that applying the powder was messy and caused air borne dust that she would