Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 45
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 130 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 am the son and Trustee of the Estate of Newal Al Saad. I currently reside at 58 Gerald
Crescent, London, Ontario.
2. I make this affidavit in support of the Estate of Newal Al Saa s and Firas Mohamma#s
opposition to the motion to dismiss filed by defendant Port Jervis Laboratories Inc.
3. I understand that one of the issues raised by Port Jervis Laboratories Inc.'s motion is
whether I, as Trustee of the Estate of Newal Al Saad, and my father would be able to
prosecute all the claims against the defendants in Canada. Accordingly, some of the
information provided herein relates to conversations my father and I had with attorneys
while seeking legal advice in Canada. By providing certain limited information regarding the
we had with in Canada, neither attorney-
conversations attorneys my father nor I waive the
client privilege with respect to said conversations or any other communications we may
have had with attorneys.
4. My mother, Newal Al Saad, was diagnosed with malignant pleural mesothelioma on or
about January 26, 2021. She passed away from mesothelioma on March 24, 2021.
5. After my mother's death, my family and I sought legal counsel in Canada to represent my
mother's estate and my father in connection with potential claims against manufacturers
and suppliers of talc-containing cosmetic products to which my mother was exposed to
during her lifetime.
6. I first consulted Anna Veldhuis, Esq., who at the time was a member of the Brown Law
Office, a well-known law firm based in Whitby, Ontario, specializing in mesothelioma claims.
Ms. Veldhuis informed us that Canada does not have a system to properly pursue a lawsuit
2712216_5
DocumentlD:e633Oed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dcO69aeObf
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 07/10/2023
or action against companies responsible for asbestos exposure through talc-containing
cosmetic products. She stated that Canadian firms like theirs must file a lawsuit through a
U.S. subsidiary or partner with a U.S. attorney or firm licensed to practice in the state where
the case is to be prosecuted. Therefore, she was unable and unwilling to represent my
mother's estate or my father in connection with their claims against the defendants in this
New York case, either on an hourly or contingency-fee basis.
7. I subsequently consulted Murray H. Miskin, Esq., of Miskin Law, based in Peterborough,
Ontario. The firm is recognized as one of the primary law offices in Canada that deals with
mesothelioma cases. Relying on the firm's expertise in the field, he too explained that cases
dealing with talc-containing cosmetic products that were manufactured by companies in the
United States would be referred to a law firm in the United States. He further clarified that
this was due to the fact that the headquarters of most corporations responsible for talc-
containing cosmetic products were based in the United States and there was no appropriate
or practicable avenue in Canada to pursue legal claims against these corporations due, at
least in part, to the fact that Canadian courts likely would not find that they have jurisdiction
over the companies in the United States. Consequently, Miskin Law was also unable and
unwilling to represent my mother's estate or my father on a contingency or hourly fee basis.
8. I consulted with J.L. Lee based in Ottawa, Ontario - a reputable
Further, Mullowney, Esq.,
Canadian attorney with a history of representing many people with mesothelioma that
developed as a result of occupational exposure to asbestos. However, he also informed me
that exposure to asbestos from talc-containing cosmetics was a unique situation that would
require the assistance of a U.S. law firm due to various, likely insurmountable, procedural,
jurisdictional and discovery-related hurdles to such claims in Canadian courts. He also
advised that since my mother had purchased products in the United States, visited the
United States, and was exposed in the United States, we should retain a law firm in the U.S.
that handles such cases. Therefore, Mr. Mullowney was also unable and unwilling to
represent my mother's estate and my father on a contingency or hourly fee basis.
9. In a final effort, I reached out to the legal aid service in Ontario
(https://www.Iegalaid.on.ca/lawyers/) in the hope of being paired with a lawyer that would
be willing to help or find a way to pursue the claims in Canada. We were advised that there
was no viable legal avenue in Canada to pursue a case against U.S. companies that sold
cosmetic talc products in Canada, the mining companies that sourced the talc for these
companies, or the distributors of these products in relation to mesothelioma. We were
informed that if this was an occupational related death, there would be several avenues for
legal action, but because the only potential asbestos exposure we could identify was from
talc-based products, we had no options to pursue a case within Canada and would need to
do so in courts in the United States.
10. I expended a substantial amount of effort to locate and secure Canadian counsel to
represent my mother's estate and my father in connection with their claims against the
manufacturers and suppliers of talc products to which my mother was exposed. Despite
significant effort, my father and I were unable to retain counsel in Canada and were advised
in each instance to pursue the matter in the United States because pursuing such claims in
2712216_5
Document
ID:e6330ed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dc069aeObf
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 07/10/2023
Canada was not only procedurally, substantively, and jurisdictionally impracticable, but also
futile.
11. Sadly, if Port Jervis Laboratory Inc.'s motion to dismiss is granted, the Estate and my father
defendants'
will be precluded from seeking justice for atrocious acts and their defective
asbestos-containing products that were designed, manufactured, distributed within or
through the United States, including 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.
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
Virginia, Hampton City
at by Dan Albasry.
Identification presented: Canadian Passport and Driver's License
This notarialact was performed: (check one)_physical
presence _xx_remote notarization. Natasha A Stromley
Electronic Notary Public
Commonwealth of Virginia
Signature and Official Seal Registration No. 7678888
Commission #: 7678888 Commission Expires: 09/30/2024
My
My commission expires: 09/30/2024
Remotely notarized online using two-way audio-video communication.
2712216_5
Document
ID:e6330ed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dc069aeobf
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 130 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 A, 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 Pu 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. 130 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 45 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 130 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 am the son and Trustee of the Estate of Newal Al Saad. I currently reside at 58 Gerald Crescent, London, Ontario. 2. I make this affidavit in support of the Estate of Newal Al Saa s and Firas Mohamma#s opposition to the motion to dismiss filed by defendant Port Jervis Laboratories Inc. 3. I understand that one of the issues raised by Port Jervis Laboratories Inc.'s motion is whether I, as Trustee of the Estate of Newal Al Saad, and my father would be able to prosecute all the claims against the defendants in Canada. Accordingly, some of the information provided herein relates to conversations my father and I had with attorneys while seeking legal advice in Canada. By providing certain limited information regarding the we had with in Canada, neither attorney- conversations attorneys my father nor I waive the client privilege with respect to said conversations or any other communications we may have had with attorneys. 4. My mother, Newal Al Saad, was diagnosed with malignant pleural mesothelioma on or about January 26, 2021. She passed away from mesothelioma on March 24, 2021. 5. After my mother's death, my family and I sought legal counsel in Canada to represent my mother's estate and my father in connection with potential claims against manufacturers and suppliers of talc-containing cosmetic products to which my mother was exposed to during her lifetime. 6. I first consulted Anna Veldhuis, Esq., who at the time was a member of the Brown Law Office, a well-known law firm based in Whitby, Ontario, specializing in mesothelioma claims. Ms. Veldhuis informed us that Canada does not have a system to properly pursue a lawsuit 2712216_5 DocumentlD:e633Oed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dcO69aeObf FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 07/10/2023 or action against companies responsible for asbestos exposure through talc-containing cosmetic products. She stated that Canadian firms like theirs must file a lawsuit through a U.S. subsidiary or partner with a U.S. attorney or firm licensed to practice in the state where the case is to be prosecuted. Therefore, she was unable and unwilling to represent my mother's estate or my father in connection with their claims against the defendants in this New York case, either on an hourly or contingency-fee basis. 7. I subsequently consulted Murray H. Miskin, Esq., of Miskin Law, based in Peterborough, Ontario. The firm is recognized as one of the primary law offices in Canada that deals with mesothelioma cases. Relying on the firm's expertise in the field, he too explained that cases dealing with talc-containing cosmetic products that were manufactured by companies in the United States would be referred to a law firm in the United States. He further clarified that this was due to the fact that the headquarters of most corporations responsible for talc- containing cosmetic products were based in the United States and there was no appropriate or practicable avenue in Canada to pursue legal claims against these corporations due, at least in part, to the fact that Canadian courts likely would not find that they have jurisdiction over the companies in the United States. Consequently, Miskin Law was also unable and unwilling to represent my mother's estate or my father on a contingency or hourly fee basis. 8. I consulted with J.L. Lee based in Ottawa, Ontario - a reputable Further, Mullowney, Esq., Canadian attorney with a history of representing many people with mesothelioma that developed as a result of occupational exposure to asbestos. However, he also informed me that exposure to asbestos from talc-containing cosmetics was a unique situation that would require the assistance of a U.S. law firm due to various, likely insurmountable, procedural, jurisdictional and discovery-related hurdles to such claims in Canadian courts. He also advised that since my mother had purchased products in the United States, visited the United States, and was exposed in the United States, we should retain a law firm in the U.S. that handles such cases. Therefore, Mr. Mullowney was also unable and unwilling to represent my mother's estate and my father on a contingency or hourly fee basis. 9. In a final effort, I reached out to the legal aid service in Ontario (https://www.Iegalaid.on.ca/lawyers/) in the hope of being paired with a lawyer that would be willing to help or find a way to pursue the claims in Canada. We were advised that there was no viable legal avenue in Canada to pursue a case against U.S. companies that sold cosmetic talc products in Canada, the mining companies that sourced the talc for these companies, or the distributors of these products in relation to mesothelioma. We were informed that if this was an occupational related death, there would be several avenues for legal action, but because the only potential asbestos exposure we could identify was from talc-based products, we had no options to pursue a case within Canada and would need to do so in courts in the United States. 10. I expended a substantial amount of effort to locate and secure Canadian counsel to represent my mother's estate and my father in connection with their claims against the manufacturers and suppliers of talc products to which my mother was exposed. Despite significant effort, my father and I were unable to retain counsel in Canada and were advised in each instance to pursue the matter in the United States because pursuing such claims in 2712216_5 Document ID:e6330ed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dc069aeObf FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 130 RECEIVED NYSCEF: 07/10/2023 Canada was not only procedurally, substantively, and jurisdictionally impracticable, but also futile. 11. Sadly, if Port Jervis Laboratory Inc.'s motion to dismiss is granted, the Estate and my father defendants' will be precluded from seeking justice for atrocious acts and their defective asbestos-containing products that were designed, manufactured, distributed within or through the United States, including 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. 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 Virginia, Hampton City at by Dan Albasry. Identification presented: Canadian Passport and Driver's License This notarialact was performed: (check one)_physical presence _xx_remote notarization. Natasha A Stromley Electronic Notary Public Commonwealth of Virginia Signature and Official Seal Registration No. 7678888 Commission #: 7678888 Commission Expires: 09/30/2024 My My commission expires: 09/30/2024 Remotely notarized online using two-way audio-video communication. 2712216_5 Document ID:e6330ed45791f292734718e29f1308cee73b9a74af2b9b753d7d65dc069aeobf FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 130 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 A, 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 Pu lic Notary Public, State Of New York No. 01JA6340656 2722902_2 Qualified in Kings County Commission Expires April 18, 20