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. 90 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 5
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 90 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 DR. MAYTHAM
IBRAHIM
Plaintiffs,
‐against‐
BARRETTS MINERALS INC., et al.
Defendants.
I, MAYTHAM IBRAHIM of Manchester, United Kingdom, 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. I further
understand that I have been disclosed as a witness with personal knowledge of facts which
may be relevant to the claims asserted by the plaintiffs against the defendants in the
matter.
2. I currently reside at 27 Dandelion Green, Worsley, Manchester, United Kingdom.
3. I am the brother of Newal Al Saad. Newal Al Saad was born on the 17th of August 1955. I was
born on the 21st of March 1957.
4. 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 a trial.
5. I have personal knowledge of various visits my sister made to the United States, including to
Massachusetts, Michigan and New York. Regarding New York, in approximately 1996, my
sister and I were in New York together for approximately ten (10) days, during which she
purchased at retailers in New York City and Long Island (New York) talc‐based cosmetic
products for her personal use. I understand that plaintiffs allege that my sister was exposed
to asbestos through her use of talc‐based cosmetic products, including those she acquired
during the aforementioned purchases in New York.
6. 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.
2546153_1
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 07/10/2023
7. While I reside more than 100 miles from New York County, I am willing 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.
8. I am also willing and able to appear for a pre‐trial deposition remotely (Rule 37), in the
United Kingdom, or in New York.
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.
Virginia
Sworn at ________________________ in the ]
Chesterfield County
County of _______________________ _____ ]
this ________
13th April
day of ______________, 2023. ] _______________________________
LaVesha Vashae McPherson
Before me, ___________________________ ] (Signature of Dr. Maytham Ibrahim)
at __________________________________
Chesterfield County, Virginia ]
by Dr.Maytham Ibrahim
Identification Presented: Canada Passport and UK drivers license
____________________________________
(Signature and Official Seal)
This Notarization was conducted using audio/video technology provided by eNotaryLog, LLC
Document ID: e0df46b9-67f9-4b10-b829-1b605337c9d6
2546153_1
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 90 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 MlNERALS 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 Maytham Ibrahim named in the foregoing instrument taken before
Lavesha McPherson, 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.
DA . aT RA .
On this, the 7th day of July, 2023, before me, a notary pubh
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 purpos s therein contained.
JANVIER ALEXANDRA
Of New York
Notary Pßblic Notary Public, State
No. 01JA6340656
Qualified in Kings County
2724697__1 Commission Expires April 18, 20
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 5 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 90 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 DR. MAYTHAM IBRAHIM Plaintiffs, ‐against‐ BARRETTS MINERALS INC., et al. Defendants. I, MAYTHAM IBRAHIM of Manchester, United Kingdom, 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. I further understand that I have been disclosed as a witness with personal knowledge of facts which may be relevant to the claims asserted by the plaintiffs against the defendants in the matter. 2. I currently reside at 27 Dandelion Green, Worsley, Manchester, United Kingdom. 3. I am the brother of Newal Al Saad. Newal Al Saad was born on the 17th of August 1955. I was born on the 21st of March 1957. 4. 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 a trial. 5. I have personal knowledge of various visits my sister made to the United States, including to Massachusetts, Michigan and New York. Regarding New York, in approximately 1996, my sister and I were in New York together for approximately ten (10) days, during which she purchased at retailers in New York City and Long Island (New York) talc‐based cosmetic products for her personal use. I understand that plaintiffs allege that my sister was exposed to asbestos through her use of talc‐based cosmetic products, including those she acquired during the aforementioned purchases in New York. 6. 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. 2546153_1 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 07/10/2023 7. While I reside more than 100 miles from New York County, I am willing 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. 8. I am also willing and able to appear for a pre‐trial deposition remotely (Rule 37), in the United Kingdom, or in New York. 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. Virginia Sworn at ________________________ in the ] Chesterfield County County of _______________________ _____ ] this ________ 13th April day of ______________, 2023. ] _______________________________ LaVesha Vashae McPherson Before me, ___________________________ ] (Signature of Dr. Maytham Ibrahim) at __________________________________ Chesterfield County, Virginia ] by Dr.Maytham Ibrahim Identification Presented: Canada Passport and UK drivers license ____________________________________ (Signature and Official Seal) This Notarization was conducted using audio/video technology provided by eNotaryLog, LLC Document ID: e0df46b9-67f9-4b10-b829-1b605337c9d6 2546153_1 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 90 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 MlNERALS 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 Maytham Ibrahim named in the foregoing instrument taken before Lavesha McPherson, 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. DA . aT RA . On this, the 7th day of July, 2023, before me, a notary pubh 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 purpos s therein contained. JANVIER ALEXANDRA Of New York Notary Pßblic Notary Public, State No. 01JA6340656 Qualified in Kings County 2724697__1 Commission Expires April 18, 20