On January 05, 2023 a
Motion,Ex Parte
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 03/13/2023 06:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/13/2023
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 NOTICE OF MOTION
AL SAAD, and FIRAS MOHAMMAD,
Index No. 190002/2023
Plaintiffs,
Assigned Judge:
-against- To be assigned
BARRETTS MINERALS INC., et al.,
Defendants.
-----------------------------------------------------------------------x
PLEASE TAKE NOTICE that upon the annexed Affirmation of Kevin C. McCaffrey,
dated March 13, 2023, the exhibits annexed thereto, the accompanying Memorandum of Law, and
all pleadings and proceedings heretofore had and filed herein, Defendant Port Jervis Laboratories,
Inc. f/k/a Kolmar Laboratories, Inc. (“Port Jervis”), will move this Court before a justice to be
assigned in New York County Supreme Court, at the courthouse located at 60 Centre Street,
Motion Support Office, Room 130, New York, New York, on the 29th day of March, 2023, at 9:30
o’clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for 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.
1 of 2
FILED: NEW YORK COUNTY CLERK 03/13/2023 06:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/13/2023
PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering
papers, if any, are to be served upon the undersigned at least seven (7) days prior to the return date
of this motion.
Dated: New York, New York
March 13, 2023
Yours, etc.,
CLYDE & CO US LLP
By: /s/ Kevin C. McCaffrey
Kevin C. McCaffrey
The Chrysler Building
405 Lexington Avenue, 16th Floor
New York, New York 10174
Phone: (212) 710-3900
Fax: (212) 710-3950
Email: kevin.mccaffrey@clydeco.us
Attorneys for Defendant Port Jervis
Laboratories, Inc.
2 of 2
Document Filed Date
March 13, 2023
Case Filing Date
January 05, 2023
Category
Torts - Asbestos
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FILED: NEW YORK COUNTY CLERK 03/13/2023 06:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/13/2023 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 NOTICE OF MOTION AL SAAD, and FIRAS MOHAMMAD, Index No. 190002/2023 Plaintiffs, Assigned Judge: -against- To be assigned BARRETTS MINERALS INC., et al., Defendants. -----------------------------------------------------------------------x PLEASE TAKE NOTICE that upon the annexed Affirmation of Kevin C. McCaffrey, dated March 13, 2023, the exhibits annexed thereto, the accompanying Memorandum of Law, and all pleadings and proceedings heretofore had and filed herein, Defendant Port Jervis Laboratories, Inc. f/k/a Kolmar Laboratories, Inc. (“Port Jervis”), will move this Court before a justice to be assigned in New York County Supreme Court, at the courthouse located at 60 Centre Street, Motion Support Office, Room 130, New York, New York, on the 29th day of March, 2023, at 9:30 o’clock in the forenoon of that day, or as soon thereafter as counsel can be heard, for 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. 1 of 2 FILED: NEW YORK COUNTY CLERK 03/13/2023 06:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 03/13/2023 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering papers, if any, are to be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: New York, New York March 13, 2023 Yours, etc., CLYDE & CO US LLP By: /s/ Kevin C. McCaffrey Kevin C. McCaffrey The Chrysler Building 405 Lexington Avenue, 16th Floor New York, New York 10174 Phone: (212) 710-3900 Fax: (212) 710-3950 Email: kevin.mccaffrey@clydeco.us Attorneys for Defendant Port Jervis Laboratories, Inc. 2 of 2