On January 13, 2023 a EXHIBIT(S) - D (Motion #17) - Exhibit D-PID Request 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 11/15/2023 09/15/2023 01:03 02:59 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 191 123 RECEIVED NYSCEF: 11/15/2023 09/15/2023 September 15, 2023 Via NYSCEF Joseph W. Belluck, Esq. Belluck & Fox LLP 546 Fifth Avenue New York, New York 10036 Re: Estate of Roger Paul Spezio, Sr. v. 3M Company, et al. Venue: Ulster County Index: EF2023-99 Dear Mr. Belluck: Our office represents Armstrong International, Inc., in the above-referenced matter. My review of the discovery conducted to date demonstrates that Plaintiffs have failed to produce any evidence that any product manufactured, sold, or distributed by Armstrong International, Inc. caused Plaintiff’s alleged asbestos exposure. Accordingly, I request that you execute the attached No Opposition Summary Judgment Motion and Order or provide my office the evidentiary basis for your denial of this request, in writing, with all supporting documents, by the corresponding date specified in the current Scheduling Order. We ask that you kindly execute the enclosed and return the original to the undersigned via electronic mail (gdemario@cookgrouplegal.com) at your earliest convenience. Please be advised that should you fail to respond to this request, we will submit an Order of Dismissal to the Court for execution. By this letter, all co-defendants are given notice that we seek dismissal of any and all cross-claims. Any objections shall be made in writing, stating the basis of objection, to the Court, and all parties by the corresponding date in the current Scheduling Order. Please do not hesitate to contact me with any questions or if you would like to discuss the matter further. Thank you for your attention to this matter. THE COOK GROUP, PLLC By: _____________________________ Grace L. De Mario, Esq. GLD/da Enclosure cc: All Known Defense Counsel Via NYSCEF 115 Broadway, Suite 1602 New York, NY 10006 (646) 960.2214 1 of 2 FILED: ULSTER COUNTY CLERK 11/15/2023 09/15/2023 01:03 02:59 PM INDEX NO. EF2023-99 NYSCEF DOC. NO. 191 123 RECEIVED NYSCEF: 11/15/2023 09/15/2023 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, Plaintiffs, NO OPPOSITION SUMMARY JUDGMENT MOTION -against- AND ORDER 3M COMPANY, et al., Defendants. WHEREFORE, Defendant, Armstrong International, Inc., hereby requests Summary Judgment in the above-titled action, pursuant to Civil Practice Law and Rules Section 3212, dismissing Plaintiff’s Complaint against Armstrong International, Inc., 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, Armstrong International, Inc., are hereby dismissed with prejudice and without costs. The basis for dismissal is: X No Product Identification __ Lack of Personal Jurisdiction __ Workers Compensation __ Wrong Entity Sued __ No Successor Liability __ Lack of Service __ As a Matter of Law __ Other Dated: New York, New York ______________, 2023 Joseph W. Belluck, Esq. Grace L. De Mario, Esq. BELLUCK & FOX, LLP THE COOK GROUP, PLLC 546 Fifth Avenue 115 Broadway, Suite 1602 New York, New York 10036 New York, New York 10006 (212) 681-1575 (646) 960-2214 Attorney for Plaintiffs Attorney for Defendant SO ORDERED: Dated: __________________, 2023 HON. ERIN P. GALL, J.S.C. 2 of 2