Motion-Secondary: Dan Albasry as Trustee of the Estate of Newal Al Saad, Firas Mohammad v. Barretts Minerals Inc., Beacon Cmp Corp., Brenntag North America Inc. (Individually And As Successor To Minerals And Pigment Solutions Inc., Successor To Whittaker, Clark & Daniels Inc.);, Brenntag Specialties Llc (Individually And As Successor To Minerals And Pigment Solutions Inc., Successor To Whittaker, Clark & Daniels Inc.);, Charles B. Chrystal Company Inc.;, Colgate Palmolive Co.;, Glaxosmithkline Consumer Healthcare Holdings (Us) Llc (Individually, D/B/A And As Successor To Yardley Of London, Yardley Of London Ltd., Yardley Of London (U.S.) Llc, Smithkline Beecham Plc And Beecham Group Llc);, Glaxosmithkline Llc (Individually, D/B/A And As Successor To Yardley Of London, Yardley Of London Ltd., Yardley Of London (U.S.) Llc, Smithkline Beecham Plc And Beecham Group Llc);, Gsk Consumer Health Inc. (Individually, D/B/A And As Successor To Yardley Of London, Yardley Of London Ltd., Yardley Of London (U.S.) Llc, Smithkline Beecham Plc And Beecham Group Llc);, Lornamead Inc. (Individually And As Successor To Lornamead Acquisitions Ltd. And Lornamead Brands Inc., D/B/A Yardley Of London A/K/A Yardley);, Pfizer Inc., Port Jervis Laboratories Inc. (F/K/A Kolmar Laboratories Inc.);, The Procter & Gamble Co. (Individually, D/B/A, And As Successor To Yardley Of London Ltd., Yardley Of London A/K/A Yardley, Yardley Of London Inc., And Yardley Of London (U.S.) Llc));, Whittaker, Clark & Daniels Inc. (Individually, D/B/A, And Successor To Charles Mathieu Inc. (D/B/A Charles Mathieu & Co. And Chas. Mathieu Inc.), American Talc Company Inc., Metropolitan Talc Company Inc., Imperial Products Co. Inc., And Resource Processo, Yardley Of London Inc. (F/K/A Lentheric Inc. And Lentheric Distributors Inc.);, Yardley Of London Ltd.,, Conopco Inc. (Individually, Doing Business As, And As Successor To Elizabeth Arden Inc. And Evyan Perfumes Inc., Parfums International And Idea Fragrances Co.)

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                                FILED: NEW YORK COUNTY CLERK 09/14/2023 03:40 PM                                                      INDEX NO. 190002/2023
NYSCEF DOC. NO. 177                                                                            RECEIVED NYSCEF: 09/14/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          ALL COUNTIES WITHIN THE CITY OF NEW YORK
          -----------------------------------------------------------------------x
          IN RE: NEW YORK CITY ASBESTOS LITIGATION
          -----------------------------------------------------------------------x

          DAN ALBASRY, as Trustee of the Estate of NEWAL                             REPLY AFFIRMATION OF
          AL SAAD, and FIRAS MOHAMMAD,                                               KEVIN C. MCCAFFREY

                                             Plaintiffs,                             Index No. 190002/2023

                           -against-                                                 Assigned Judge:
                                                                                     Hon. Adam Silvera, J.S.C.
          BARRETTS MINERALS INC., et al.,

                                             Defendants.

          -----------------------------------------------------------------------x

                  KEVIN C. MCCAFFREY, an attorney duly admitted to practice law before the courts of

          the State of New York, hereby affirms the following to be true pursuant to CPLR 2106:

                  1.       I am Counsel with the law firm of Clyde & Co US LLP, attorneys for defendant

          Port Jervis Laboratories, Inc. f/k/a Kolmar Laboratories, Inc. (“Port Jervis”) in the above-

          referenced matter, and, as such, am fully familiar with the facts and circumstances set forth herein.

                  2.       I submit this Reply Affirmation in further support of Port Jervis’ motion to dismiss,

          pursuant to CPLR 327, based on the doctrine of forum non conveniens.

                  3.       Attached hereto as Exhibit A is a true and accurate copy of Port Jervis’ motion

          seeking to domesticate the subpoena in Kolmar Laboratories v. Christina Thomas filed in Superior

          Court, Suffolk County, MA on June 6, 2023.

                  4.       Attached hereto as Exhibit B is a true and accurate copy of Port Jervis’ motion

          seeking contempt against Brigham & Women’s Hospital in Kolmar Laboratories v. Christina

          Thomas filed in Superior Court, Suffolk County, MA on August 16, 2023.




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FILED: NEW YORK COUNTY CLERK 09/14/2023 03:40 PM                                                INDEX NO. 190002/2023
NYSCEF DOC. NO. 177                                                                     RECEIVED NYSCEF: 09/14/2023




                 WHEREFORE, Defendant Port Jervis Laboratories, Inc., f/k/a Port Jervis Laboratories,

          Inc. respectfully requests that this Court issue an order: (1) granting the instant motion to dismiss

          based on forum non conveniens; and (2) granting such other and further relief as may be deemed

          just, proper, and equitable.

          Dated: New York, New York
                 September 14, 2023

                                                                /s/ Kevin C. McCaffrey
                                                                KEVIN C. MCCAFFREY




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FILED: NEW YORK COUNTY CLERK 09/14/2023 03:40 PM                                              INDEX NO. 190002/2023
NYSCEF DOC. NO. 177                                                                   RECEIVED NYSCEF: 09/14/2023




                                                    Certification

                 Pursuant to 22 NYCRR 130.1-1a, the undersigned, an attorney admitted to practice law

          before the courts of the State of New York, certifies that, upon information and belief, and after

          reasonable inquiry, the contentions contained in the within document are not frivolous.
          Dated: New York, New York
                 September 14, 2023

                                                              /s/ Kevin C. McCaffrey
                                                              KEVIN C. MCCAFFREY




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FILED: NEW YORK COUNTY CLERK 09/14/2023 03:40 PM                                         INDEX NO. 190002/2023
NYSCEF DOC. NO. 177                                                               RECEIVED NYSCEF: 09/14/2023




                                      WORD COUNT CERTIFICATION

                 Kevin C. McCaffrey hereby certifies, pursuant to 22 NYCRR 202.8-b(c) that the REPLY

          AFFIRMATION OF KEVIN C. MCCAFFREY contains 227 words, not including the caption

          and signature block and, further, the document complies with the word count limit in 22 NYCRR

          202.8-b(a)(i).

          Dated: New York, New York
                 September 14, 2023

                                                            /s/ Kevin C. McCaffrey
                                                            KEVIN C. MCCAFFREY




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