Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 4
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK CITY
ASBESTOS LITIGATION
THIS DOCUMENT RELATES TO:
Index No.: 190002/2023
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
SAAD, and FIRAS MOHAMMAD, AFFIDAVIT OF DAN ALBASRY
Plaintiffs,
-against-
BARRETTS MINERALS INC., et al.
Defendants.
I, DAN ALBASRY of London Ontario, make oath and say as follows:
1. I understand that this affidavit is being made in relation to a lawsuit filed on behalf of Firas
Mohammad and the Estate of Newal Al Saad captioned Albasry v. Barretts Minerals Inc., et
al., filed in the Supreme Court of the State of New York for the County of New York.
2. I am the son and Trustee of the Estate of Newal Al Saad. I currently reside 58 Gerald Crescent,
plaintiffs'
London, Ontario. I make this affidavit in support of opposition to the motion to dismiss
filed by defendant Port Jervis Laboratories Inc. The statements contained herein are intended to
address arguments made by Port Jervis Laboratories Inc. The following is a brief summary of some
aspects of my personal knowledge of the purchase of-and my mother's use of-talc-containing
body powders. This affidavit does not reflect the full extent of my personal knowledge of said
purchases and exposures and about which I would testify at trial.
3. I understand that I may be called as a witness at the time of trial and that my personal attendance
in New York State may be necessary during such trial.
4. My mother, Newal Al Saad, was diagnosed with malignant pieural mesothelioma on or about
January 26, 2021. She passed away from her disease on March 24, 2021.
mothers'
5. I have personal knowledge of my purchase and use of various talc-based cosmetic
products in Canada and in the United States, including New York.
6. I recall my mother using Johnson's Baby Powder. I observed her sprinkle Johnson's Baby
Powder on her body as part of her daily morning dress routine. I smelled the fragrance of the
powder during my observations and the scent lingered throughout the day when I was close
to my mother.
2721460_7
D: ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
7. I recall my mother applying Johnson's Baby Powder on my body after bathing me as a child.
She sprinkled the powder on her hand and rubbed it onto my chest, back, arms and legs. I
recall the pleasant, clean fragrance of the powder during application.
8. On occasion, I observed my mother sprinkle Johnson's Baby Powder onto her bedding. She
said she liked the fragrance and it gave a clean scent while my father and her fell asleep.
9. My mother stored some of her talc-based powders, including Johnson's Baby Powder, Shower
to Shower and White Shoulders, and other cosmetic products on a dresser counter or on a
bedside nightstand in her bedroom. She also stored such cosmetic products on a shelf in the
bathroom. I observed powders at each of these locations in the home.
10. On February 14, 2021 my father, sister and I gathered around my mother who was bedridden
and weak from her illness. My sister, Dinan Mohammad, recorded a video of my father gifting
roses to my mother for Valentine's Day. The following is a true and accurate image from the
video in which my mother's dresser counter and in which a Johnson's Baby Powder container
is visible:
2721460_7
ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
11. From approximately April 26, 2019, through approximately April 29, 2019, my mother, sister,
and I were in Syracuse, New York to attend the wedding and festivities of our family friend,
Danya Oday. We shared a hotel room at the Microtel Inn & Suites by Wyndham in Syracuse,
New York. During the hotel stay, I observed my mother's Johnson's Baby Powder and White
Shoulder containers on the bathroom counter. The three of us got ready every day together.
I observed my mother apply Johnson's Baby Powder each day. I smelled the powder fragrance
in the hotel room each day after my mother applied the powder. On the wedding day, I
observed my mother also apply White Shoulders powder to her neck and upper chest and
advised her there was white powder residue on the neckline of her dress. A true and accurate
photograph of my mother, my sister and me at the wedding in Syracuse, New York, is depicted
below:
2721460_7
Document
ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
.
12. Prior to her passing, my mother had in her possession several talc-containing cosmetic
powder products to which she was exposed and that were manufactured in the United States,
including, but not limited to:
i. Shower to Shower Absorbent Body Powder manufactured in the United States by
Johnson & Johnson Consumer Products Co. of Skillman, New Jersey:
2721460_7
DocumentlD:
ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
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Showerto Shower.
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ve"a
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ii. Johnson's Baby Powder (113 g) manufactured in the United States:
2721460-7
ID:ec9cdadec658a2c2e602f91242Of5b364ee6cbb93e36a3b9b7a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
2033RA
, =mammez=
bab
======
ON re
pour
L-
bébés
iii. Johnson's Baby Powder (425 g) manufactured in the United States:
2721460_7
ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
pondre
13. The foregoing are true and accurate photographs of some of the talc-containing cosmetic
powder products that my mother had in her possession at the time of her death.
14. I am available to provide additional information if the Court requires more detail.
15. I am not presently sick, infirm or imprisoned such that I would be unable to attend to testify
at the time of trial in New York.
16. While I reside more than 100 miles from New York County, I am willing to and presently able
to travel to New York City in order to testify at the time of trial. Based upon my current age
and physical and mental condition, my attendance at trial would not be unduly burdensome
or inconvenient.
17. I am also willing and able to appear for a pre-trial deposition remotely (Rule 37) in Canada, or
in New York.
2721460_7
ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b967a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
I certify that the foregoing statements made by me are true to the best of my knowledge. I
am aware that if any of the foregoing statements made by me is willfully false, I am subject to the
penalties of perjury.
Pam
fb(hsrf
Signature of DAN ALBASRY
State of Virginia
City/County of Hampton
Sworn at Virginia in the County of Hampton City this 6th_ day of July
2023. Before me, Natasha A Stromley
at Virginia, Hampton City by Dan Albasry.
Identification presented: Canadian Passport and Driver's License
This notarial act was performed: (check one) _ physical """-^""""""-"~""""~"-""
presence _xx_remote notarization.
Natasha A Stromley
fat4MA Electronic Notary Public
Commonwealth of Virginia
Signature and Official Seal
Registration No. 7678888
commission #: 7678888
My Commission Expires: 09/30/2024
My commission expires: 09/30/2024 ___________________
Remotely notarized online using two-way audio-video communication.
2721460_7
ID:ec9cdadec658a2c2e6025912420f5b364ee6cbb93e36a3b9b7a885f840725b6e
Document
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
IN RE: NEW YORK CITY
ASBESTOS LITIGATION
THIS DOCUMENT RELATES TO:
NYCAL
DAN ALBASRY, as Trustee of the Estate of NEWAL AL
Index No.: 190002/2023
SAAD, and FIRAS MOHAMMAD,
CERTIFICATE OF CONFORMITY
Plaintiffs,
PURSUANT TO CPLR 2309(C)
-against-
BARRETTS MINERALS INC., et al.
Defendants.
STATE OF NEW YORK )
) SS.:
COUNTY OF NEW YORK )
The undersigned does hereby certify that he is an attorney-at-law duly admitted to practice
in the States of New York, New Jersey, Connecticut and the District of Columbia with a principal
office in the State of New York and is a resident of the State of New Jersey; that he is a person duly
qualified to make this Certificate of Conformity pursuant to the laws of the State of New York; that
the foregoing affidavit by Dan Albasry named in the foregoing instrument taken before Natasha A.
Stromley, a notary public (or other officer), was taken in the manner prescribed by such laws of the
State of Virginia, being the state in which it was taken; and that it duly conforms with such laws and
is in all respects valid and effective in such state.
D . L ER , SQ.
On this, the 7th day of July, 2023, before me, a notary pu ,
personally appeared Daniel LaTerra, Esq., known to me (or
satisfactorily proven) to be the person whose name is subscribed to
the within instrument, and acknowledged that he executed the same
for the purposes therein contained.
JANVIER ALEXANDRA
Notary P lic
Notary Public, State Of New York
No. 01JA6340656
2722902__2 Qualified In Kings County
Commission Expires April 18, 20
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: Index No.: 190002/2023 DAN ALBASRY, as Trustee of the Estate of NEWAL AL SAAD, and FIRAS MOHAMMAD, AFFIDAVIT OF DAN ALBASRY Plaintiffs, -against- BARRETTS MINERALS INC., et al. Defendants. I, DAN ALBASRY of London Ontario, make oath and say as follows: 1. I understand that this affidavit is being made in relation to a lawsuit filed on behalf of Firas Mohammad and the Estate of Newal Al Saad captioned Albasry v. Barretts Minerals Inc., et al., filed in the Supreme Court of the State of New York for the County of New York. 2. I am the son and Trustee of the Estate of Newal Al Saad. I currently reside 58 Gerald Crescent, plaintiffs' London, Ontario. I make this affidavit in support of opposition to the motion to dismiss filed by defendant Port Jervis Laboratories Inc. The statements contained herein are intended to address arguments made by Port Jervis Laboratories Inc. The following is a brief summary of some aspects of my personal knowledge of the purchase of-and my mother's use of-talc-containing body powders. This affidavit does not reflect the full extent of my personal knowledge of said purchases and exposures and about which I would testify at trial. 3. I understand that I may be called as a witness at the time of trial and that my personal attendance in New York State may be necessary during such trial. 4. My mother, Newal Al Saad, was diagnosed with malignant pieural mesothelioma on or about January 26, 2021. She passed away from her disease on March 24, 2021. mothers' 5. I have personal knowledge of my purchase and use of various talc-based cosmetic products in Canada and in the United States, including New York. 6. I recall my mother using Johnson's Baby Powder. I observed her sprinkle Johnson's Baby Powder on her body as part of her daily morning dress routine. I smelled the fragrance of the powder during my observations and the scent lingered throughout the day when I was close to my mother. 2721460_7 D: ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 7. I recall my mother applying Johnson's Baby Powder on my body after bathing me as a child. She sprinkled the powder on her hand and rubbed it onto my chest, back, arms and legs. I recall the pleasant, clean fragrance of the powder during application. 8. On occasion, I observed my mother sprinkle Johnson's Baby Powder onto her bedding. She said she liked the fragrance and it gave a clean scent while my father and her fell asleep. 9. My mother stored some of her talc-based powders, including Johnson's Baby Powder, Shower to Shower and White Shoulders, and other cosmetic products on a dresser counter or on a bedside nightstand in her bedroom. She also stored such cosmetic products on a shelf in the bathroom. I observed powders at each of these locations in the home. 10. On February 14, 2021 my father, sister and I gathered around my mother who was bedridden and weak from her illness. My sister, Dinan Mohammad, recorded a video of my father gifting roses to my mother for Valentine's Day. The following is a true and accurate image from the video in which my mother's dresser counter and in which a Johnson's Baby Powder container is visible: 2721460_7 ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 11. From approximately April 26, 2019, through approximately April 29, 2019, my mother, sister, and I were in Syracuse, New York to attend the wedding and festivities of our family friend, Danya Oday. We shared a hotel room at the Microtel Inn & Suites by Wyndham in Syracuse, New York. During the hotel stay, I observed my mother's Johnson's Baby Powder and White Shoulder containers on the bathroom counter. The three of us got ready every day together. I observed my mother apply Johnson's Baby Powder each day. I smelled the powder fragrance in the hotel room each day after my mother applied the powder. On the wedding day, I observed my mother also apply White Shoulders powder to her neck and upper chest and advised her there was white powder residue on the neckline of her dress. A true and accurate photograph of my mother, my sister and me at the wedding in Syracuse, New York, is depicted below: 2721460_7 Document ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 . 12. Prior to her passing, my mother had in her possession several talc-containing cosmetic powder products to which she was exposed and that were manufactured in the United States, including, but not limited to: i. Shower to Shower Absorbent Body Powder manufactured in the United States by Johnson & Johnson Consumer Products Co. of Skillman, New Jersey: 2721460_7 DocumentlD: ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 2SS9RC2 Mornm re.h Showerto Shower. withNatnaulBotamcals oe qssowER TOSHO6ER® -e amA Vraan-:C ,-,-,3 T gDourv-a790bOey pQacer Is *a..w andchamore.e S ve"a "imereiessed fragrance toneepyouf forgre3erab50ttWty "com$tarch "natural Soda babrTS toD4neutrumte ody s tos-CWEMwwr - T ang -- . 0 S aph tan a a Powde Absorbent Body Net WI 8 of f -- .. ii. Johnson's Baby Powder (113 g) manufactured in the United States: 2721460-7 ID:ec9cdadec658a2c2e602f91242Of5b364ee6cbb93e36a3b9b7a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 2033RA , =mammez= bab ====== ON re pour L- bébés iii. Johnson's Baby Powder (425 g) manufactured in the United States: 2721460_7 ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b9b7a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 pondre 13. The foregoing are true and accurate photographs of some of the talc-containing cosmetic powder products that my mother had in her possession at the time of her death. 14. I am available to provide additional information if the Court requires more detail. 15. I am not presently sick, infirm or imprisoned such that I would be unable to attend to testify at the time of trial in New York. 16. While I reside more than 100 miles from New York County, I am willing to and presently able to travel to New York City in order to testify at the time of trial. Based upon my current age and physical and mental condition, my attendance at trial would not be unduly burdensome or inconvenient. 17. I am also willing and able to appear for a pre-trial deposition remotely (Rule 37) in Canada, or in New York. 2721460_7 ID:ec9cdadec658a2c2e602f912420f5b364ee6cbb93e36a3b967a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 I certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me is willfully false, I am subject to the penalties of perjury. Pam fb(hsrf Signature of DAN ALBASRY State of Virginia City/County of Hampton Sworn at Virginia in the County of Hampton City this 6th_ day of July 2023. Before me, Natasha A Stromley at Virginia, Hampton City by Dan Albasry. Identification presented: Canadian Passport and Driver's License This notarial act was performed: (check one) _ physical """-^""""""-"~""""~"-"" presence _xx_remote notarization. Natasha A Stromley fat4MA Electronic Notary Public Commonwealth of Virginia Signature and Official Seal Registration No. 7678888 commission #: 7678888 My Commission Expires: 09/30/2024 My commission expires: 09/30/2024 ___________________ Remotely notarized online using two-way audio-video communication. 2721460_7 ID:ec9cdadec658a2c2e6025912420f5b364ee6cbb93e36a3b9b7a885f840725b6e Document FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 89 RECEIVED NYSCEF: 07/10/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION THIS DOCUMENT RELATES TO: NYCAL DAN ALBASRY, as Trustee of the Estate of NEWAL AL Index No.: 190002/2023 SAAD, and FIRAS MOHAMMAD, CERTIFICATE OF CONFORMITY Plaintiffs, PURSUANT TO CPLR 2309(C) -against- BARRETTS MINERALS INC., et al. Defendants. STATE OF NEW YORK ) ) SS.: COUNTY OF NEW YORK ) The undersigned does hereby certify that he is an attorney-at-law duly admitted to practice in the States of New York, New Jersey, Connecticut and the District of Columbia with a principal office in the State of New York and is a resident of the State of New Jersey; that he is a person duly qualified to make this Certificate of Conformity pursuant to the laws of the State of New York; that the foregoing affidavit by Dan Albasry named in the foregoing instrument taken before Natasha A. Stromley, a notary public (or other officer), was taken in the manner prescribed by such laws of the State of Virginia, being the state in which it was taken; and that it duly conforms with such laws and is in all respects valid and effective in such state. D . L ER , SQ. On this, the 7th day of July, 2023, before me, a notary pu , personally appeared Daniel LaTerra, Esq., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. JANVIER ALEXANDRA Notary P lic Notary Public, State Of New York No. 01JA6340656 2722902__2 Qualified In Kings County Commission Expires April 18, 20