On January 13, 2023 a AFFIDAVIT OR AFFIRMATION IN SUPPORT OF 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 11/16/2023 10:21 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 204 RECEIVED NYSCEF: 11/16/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ----------------------------------------------------------------X ERIC SPEZIO, as Executor of the Estate of ROGER Index No. EF2023-99 PAUL SPEZIO, SR., and KATHLEEN SPEZIO, Individually, AFFIRMATION IN Plaintiffs, SUPPORT -against- 3M COMPANY, Individually and as Successor to Minnesota Mining and Manufacturing Company, et al., Defendants. ----------------------------------------------------------------X Timothy J. McHugh, Esq., an attorney duly admitted to practice law before the Courts of this State, aware of the penalties of perjury, hereby affirms as follows upon information and belief: 1. I am a shareholder with the law firm of LAVIN, CEDRONE, GRAVER, BOYD, & DISIPIO, attorneys for defendant, 3M COMPANY in the above-captioned matter, and as such, I am fully aware of the facts and circumstances of this action. 2. This action was commenced against 3M Company on or about January 13, 2023 by the filing of a Summons and Complaint with the County Clerk’s office. 3M COMPANY filed its answer on February 22, 2023. Plaintiffs have agreed to dismiss 3M COMPANY. 3. On November 10, 2023, 2022 a Stipulation of Discontinuance was entered into between plaintiffs and 3M COMPANY, a copy of which is attached as Exhibit A. 4. For this reason it is urged that the attached Order of Dismissal be issued by this Court and that plaintiffs’ complaint and all cross claims against 3M COMPANY should be dismissed with prejudice. 1 of 2 FILED: ULSTER COUNTY CLERK 11/16/2023 10:21 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 204 RECEIVED NYSCEF: 11/16/2023 WHEREFORE, it is respectfully requested that this Court grant the within Motion in its entirety and dismiss Plaintiffs’ Complaint and all cross claims as against defendant, 3M COMPANY, together with such other and further relief as this Court deems just and proper. Dated: New York, New York November 16, 2023 Timothy J. McHugh 2 of 2