On January 13, 2023 a EXHIBIT(S) - A (Motion #11) - Ex. A - Court Stamped Copy of No Opposition Summary Judgment Motion 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 10/30/2023 02:26 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 156 RECEIVED NYSCEF: 10/30/2023 EXHIBIT A FILED: ULSTER COUNTY CLERK 10/30/2023 09/20/2023 02:26 03:58 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 156 127 RECEIVED NYSCEF: 10/30/2023 09/20/2023 Troutman Pepper Hamilton Sanders LLP 875 Third Avenue New York, New York 10022 troutman.com Matthew J. Rice D 212.704.6294 matthew.rice@troutman.com September 20, 2023 VIA NYSCEF Joseph W. Belluck, Esq. Belluck & Fox, LLP 546 Fifth Avenue, 5th Floor New York, New York 10036 Re: Estate of Roger Paul Spezio Sr. v. 3M Company, et al., Index No.: EF2023-99 Dear Mr. Belluck: This Firm represents Parker-Hannifin Corporation, incorrectly named as “Parker-Hannifin Corporation, Individually and as Successor by Merger to Stratoflex, Inc. (Cleveland Brake Division) and EIS”. We have reviewed the discovery conducted to date in this case. There is no evidence that any product manufactured, sold, or distributed by Parker- Hannifin Corporation caused Mr. Spezio’s alleged exposure to asbestos. Accordingly, please sign the enclosed No Opposition Summary Judgment Motion and return it to me. Very truly yours, Matthew J. Rice Enclosure cc: All counsel (via NYSCEF w/enclosure) 161395082v1 1 of 3 FILED: ULSTER COUNTY CLERK 10/30/2023 09/20/2023 02:26 03:58 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 156 127 RECEIVED NYSCEF: 10/30/2023 09/20/2023 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 Index No.: EF2023-99 SPEZIO, Individually, (Gall, J.S.C.) Plaintiffs, -against- NO OPPOSITION SUMMARY JUDGMENT MOTION AND 3M COMPANY, et al., ORDER AS TO DEFENDANT PARKER-HANNIFIN Defendants. CORPORATION WHEREFORE, Defendant, Parker-Hannifin Corporation, incorrectly named as “Parker- Hannifin Corporation, Individually and as Successor by Merger to Stratoflex, Inc. (Cleveland Brake Division) and EIS”, hereby requests Summary Judgment in the above-titled action, pursuant to CPLR section 3212, dismissing Plaintiffs’ Complaint against Defendant, Parker- Hannifin Corporation, 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 Defendant, Parker-Hannifin Corporation, are hereby dismissed with prejudice and without costs. The basis for dismissal is: No Product ID Lack of Personal Jurisdiction Workers Compensation Bar Wrong Entity Sued No Successor Liability Lack of Service As A Matter of Law Other Dated: ______________________, 2023 By: _____________________________ By: _____________________________ Joseph W. Belluck, Esq. Matthew J. Rice, Esq. Belluck & Fox, LLP Troutman Pepper Hamilton Sanders LLP 546 Fifth Avenue, 5th Floor 875 Third Avenue New York, New York 10036 New York, New York 10022 Attorneys for Plaintiffs (212) 704-6000 Attorneys for Defendant Parker-Hannifin Corporation 161395926v1 2 of 3 FILED: ULSTER COUNTY CLERK 10/30/2023 09/20/2023 02:26 03:58 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 156 127 RECEIVED NYSCEF: 10/30/2023 09/20/2023 SO ORDERED Dated: ____________________, 2023 ____________________, New York _______________________________ Hon. Erin P. Gall, J.S.C. ENTER: 161395926v1 3 of 3