On January 13, 2023 a NOTICE OF ENTRY - NOE AVCO was filed involving a dispute between Kathleen Spezio, Roger Paul Spezio Sr., and 3M Company, Individually And As Successor To Minnesota Mining And Manufacturing Company, Aii Acquisition Corporation, Llc Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company, Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc., Alcoa Inc., Individually And As Successor In Interest To Tilo Roofing Co., American Optical Corporation, A.O. Smith Water Products, Armstrong International, Inc., Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc., Aurora Pump Company, Avco Corporation, A Textron Lycoming Division, Individually And As Successor To Lycoming Engines F K A Lycoming Manufacturing, Spencer Heater Company, And Spencer Heater Division Of Lycoming, Bw Ip International Co., Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps, Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation, Cleaver-Brooks Company F K A Aqua-Chem, Inc., Columbia Boiler Company Of Pottstown, Compudyne Corporation, Individually And As Successor To York-Shipley, Continental Motors Inc., Continental Motors Inc. F K A Teledyne Continental Motors, Inc., Individually And As Successor To Continental Motors Inc. And Continental Motors Company, Crown Boiler Co., Dean Pump Division, Eaton Aeroquip, Inc. F K A Aeroquip Corporation, Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers And Pennco, Inc., Electrolux Home Products, Inc., Individually And As Successor To Tappan And Copes-Vulcan Company, Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company, Fmc Corporation, Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company, Gardner Denver, Inc., Individually And As Successor To Nash Engineering Company, Gardner Denver Nash, Llc, Individually And As Successor To Nash Engineering Company, General Electric Company, Goulds Pumps, Inc., Grinnell Corporation, Hoffman New Yorker, Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp., Howden Buffalo, Inc., Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan, International Comfort Products Llc, Individually And As Successor To Heil Heating And Cooling, I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett, Kohler Co., Lennox Industries, Inc., Individually And As Successor To Lennox Furnace Company And Ducane, Mario & Dibono Plastering Co. Inc., Metropolitan Life Insurance Company, New Yorker Boiler Company, Inc., Parker Hannifin Corporation, Individually And As Successor By Merger To Stratoflex, Inc., Pratt & Whitney Measurement Systems, Inc., Pratt & Whitney Power Systems, Inc., Redco Corp. F K A Crane Co., Rheem Manufacturing Company, Inc., Rockwell Automation, Inc., Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Companys Timken Silent Automatic Division, Sid Harvey Industries, Inc., Sid Harvey Supply, Inc., Spence Engineering Company, Inc., Spencer Heater A Lycoming Division Of Avco Corporation, Spirax Sarco, Inc., Taco, Inc., Technify Motor Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc. And Continental Motors Company, Teledyne Technologies Inc., Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc., Continental Motors Company, Texaco, Inc., Union Carbide Corporation, United Technologies Corporation, Individually And As Successor To Pratt & Whitney, Velan Valve Corp., Warren Pumps Llc, Individually And As Successor To The Quimby Pump Company, Weil Mclain, A Division Of Marley-Wylain Company, William Powell Company, York International Corporation, Individually And As Successor To Frick Company, for Torts - Asbestos in the District Court of Ulster County.
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FILED: ULSTER COUNTY CLERK 11/21/2023 11:07 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 279 RECEIVED NYSCEF: 11/21/2023 SUPREME COURT OF THE STATE OF NEW YORK THIRD JUDICIAL DISTRICT In Re: Third Judicial District Asbestos Litigation This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ERIC SPEZIO, as Executor of the Estate of ROGER PAUL SPEZIO, SR. and KATHLEEN SPEZIO, Plaintiffs, NOTICE OF ENTRY vs. Index No.: EF2023-99 3M COMPANY, Individually and as Successor to Minnesota Mining and Manufacturing Company, et al., Defendants. PLEASE TAKE NOTICE that an Order granted on the 16th day of November, 2023 by the Honorable Erin P. Gall, JSC, was entered in the Ulster County Clerk’s Office on November 17, 2023. A true and correct copy of the Order is attached hereto. DATED: Buffalo, New York November 21, 2023 BARCLAY DAMON LLP ________________________________ E. Meghan Dwyer, Esq. Attorneys for Defendant, AVCO Corporation The Avant Building, Suite 1200 200 Delaware Avenue Buffalo, New York 14202-2150 Telephone: (716) 856-5500 TO: All Counsel of Record (via NYSCEF) 27320642.1 1 of 3 FILED: ULSTER COUNTY CLERK 11/21/2023 11/17/2023 11:07 09:37 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 279 274 RECEIVED NYSCEF: 11/21/2023 11/17/2023 4-10 SUPREME COURT OF THE STATE OF NEW YORK THIRD JUDICIAL DISTRICT In Re: Third Judicial District Asbestos Litigation This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ERIC SPEZIO, as Executor of the Estate of ROGER PAUL SPEZIO, SR. and KATHLEEN SPEZIO, Plaintiffs, NO OPPOSITION VS. SUMMARY JUDGMENT MOTION AND ORDER 3M COMPANY, Individually and as Successor to Index No.: EF2023-99 Minnesota Mining and Manufacturing Company, et al., Defendants. WHEREFORE, Defendant, AVCO Corporation (sued improperly herein as "AVCO Corporation, A Textron Lycoming Division, Individually and as Successor to Lycoming Engines flkla Lycoming Manufacturing, Spencer Heater Company, and Spencer Heater Division of Lycoming" and "Spencer Heater, a Lycoming division of AVCO Corporation"), hereby requests summary judgment in the above-entitled case pursuant to Civil Practice Law and Rules §3212, dismissing Plaintiffs' Complaint against it, with prejudice, and there being no opposition thereto, it is hereby ORDERED, that 'upon notice to all co-defendants, all claims and cross-claims against AVCO Corporation (sued improperly herein as "AVCO Corporation, A Textron Lycoming 1 27013621.1 1 of 3 2 2 FILED: ULSTER COUNTY CLERK 11/21/2023 11/17/2023 11:07 09:37 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 279 274 RECEIVED NYSCEF: 11/21/2023 11/17/2023 Division, Individually and as Successor to Lycoming Engines f/k/a Lycoming Manufacturing, Spence Heater Company, and Spencer Heater Division of Lycoming" and "Spencer Heater, a Lycoming division of AVCO Corporation"), be and the same are hereby dismissed with prejudice and without costs. The basis for dismissal is: X No Product Identification Lack of Personal Jurisdiction Workers Compensation Bar Wrong Entity Sued No Successor Liability Lack of Service As a Matter of Law Other DATED: New York DATED: Buffalo, New York Oc 2023 October 23 , 2023 BELLU LP BARCLAY DAMON LLP ph W. uck, Esq. E. Meghan Dwyer, Esq. torneys fPlaintiffs Attorneys for Defendant 46 Fifth Avenue, 5th Floor AVCO Corporation New York New York 10036 The Avant Building, Suite 1200 Telephone: (212) 681-1575 Buffalo, New York 14202 Telephone: (716) 856-5500 t SO ORDERED: —4 Kiev& mbe, R, w023 HON. Eil l&P. GALL, S.C. GRANTED: 2 2 of 3 3 2