AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #22) - of Jodie L. Ryan - Roger Paul Spezio Sr., Kathleen Spezio v. 3m Company, Individually and as Successor to Minnesota Mining and Manufacturing Company, A.O. Smith Water Products, 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, 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, I.T.T. Industries, Inc., Individually and as successor to Bell & Gossett, International Comfort Products Llc, Individually and as Successor to Heil Heating and Cooling, 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. (Cleveland Brake Division) and EIS, 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 Company’s 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 (Usa), Inc., 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 (Pratt & Whitney/Aircraft Division) and Franklin Engine Company f/k/ Aircooled Motors Company, 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 (The), York International Corporation, Individually and as Successor to Frick Company

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On January 13, 2023 a case was filed by Kathleen Spezio, and Roger Paul Spezio Sr., represented by Belluck, Joseph Warren, and Dymond, Seth A, against 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. et al. represented by Bridge, Charles Christopher, Burgasser, Jessica Jean, Cerritos, Daniel E. et al. in the jurisdiction of Ulster County. Judge Erin P Gall presiding.

                        
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                          FILED: ULSTER COUNTY CLERK 11/16/2023 12:39 PM                                                  INDEX NO. EF2023-99
NYSCEF DOC. NO. 223                                                                   RECEIVED NYSCEF: 11/16/2023




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF ULSTER
                                                       : AFFIRMATION OF JODIE L. RYAN,
          ERIC SPEZIO, as Executor of the Estate of    :   ESQ., IN SUPPORT OF MOTION
          ROGER PAUL SPEZIO, SR. and KATHLEEN          : FOR SUMMARY JUDGMENT OF
          SPEZIO, Individually                         :      DEFENDANT ROCKWELL
                                                       : AUTOMATION, INC. (misidentified
                                Plaintiffs,            : in the Verified Complaint as “Rockwell
                                                       : Automation, Inc., Individually and as
                      - against -                      : Successor to Timk…

Case Info

Case No.

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Judge

Erin P Gall

Document Filed Date

November 16, 2023

Case Filing Date

January 13, 2023

County

Ulster County, NY

Status

Active

Parties

3m Company, Individually And As Successor To Minnesota Mining And Manufacturing Company Defendant
A.O. Smith Water Products Defendant
Aii Acquisition Corporation, Llc Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company Defendant
Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc. Defendant
Alcoa Inc., Individually And As Successor In Interest To Tilo Roofing Co. Defendant
American Optical Corporation Defendant
Armand Kalfayan Attorneys For Defendants
Armstrong International, Inc. Defendant
Atwood & Morrill Co., Inc. D/B/A Weir Valves & Controls Usa Inc. Defendant
Aurora Pump Company Defendant
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 Defendant
Belluck, Joseph Warren Attorney For The Plaintiff
Brady Edwards Attorney
Bridge, Charles Christopher Attorney For The Defendant
Burgasser, Jessica Jean Attorney For The Defendant
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 Defendant
Carrier Corporation Defendant
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 Defendant
Cerritos, Daniel E. Attorney For The Defendant
Chelsea Scaramuzzino Attorney
Cleaver-Brooks Company F/K/A Aqua-Chem, Inc. Defendant
Columbia Boiler Company Of Pottstown Defendant
Compudyne Corporation, Individually And As Successor To York-Shipley Defendant
Connor, Maryellen Attorney For The Defendant
Continental Motors Inc. Defendant
Continental Motors Inc. F/K/A Teledyne Continental Motors, Inc., Individually And As Successor To Continental Motors Inc. And Continental Motors Company Defendant
Cook, Kerryann Marie Attorney For The Defendant
Coughlan, Timothy Attorney For The Defendant
Crown Boiler Co. Defendant
Dean Pump Division Defendant
Dean, Meagan Elizabeth Attorney For The Defendant
Deforest, Marie Anna Attorney For The Defendant
Dimarco, Erik Christopher Attorney For The Defendant
Dwyer, Elizabeth Meghan Attorney For The Defendant
Dymond, Seth A Attorney For The Plaintiff
Eaton Aeroquip, Inc. F/K/A Aeroquip Corporation Defendant
Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers And Pennco, Inc. Defendant
Electrolux Home Products, Inc., Individually And As Successor To Tappan And Copes-Vulcan Company Defendant
Fanning, John Joseph Attorney For The Defendant
Fegan, Jeffrey Clifford Attorney For The Defendant
Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company Defendant
Fmc Corporation, Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company Defendant
Gardner Denver Nash, Llc, Individually And As Successor To Nash Engineering Company Defendant
Gardner Denver, Inc., Individually And As Successor To Nash Engineering Company Defendant
Gasior, Joan M. Attorney For The Defendant
General Electric Company Defendant
Goodearl, David James Attorney For The Defendant
Goulds Pumps, Inc. Defendant
Grace Demario Attorneys For Defendants
Grady, Michelle Denise Attorney For The Defendant
Grinnell Corporation Defendant
Guerriero, John Mark Attorney For The Defendant
Hasan, Shehzad Attorney For The Defendant
Hoffman/New Yorker, Inc. Defendant
Hollman, Laura B. Attorney For The Defendant
Honeywell International, Inc., Individually And F/K/A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp. Defendant
Howden Buffalo, Inc., Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan Defendant
Hughes, Beth Lynn Attorney For The Defendant
I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett Defendant
International Comfort Products Llc, Individually And As Successor To Heil Heating And Cooling Defendant
Irwin, William Robert Attorney For The Defendant
James Tate Attorneys For Defendants
Jason Null Attorneys For Defendants
Jordan Fox Attorneys For Plaintiffs
Josephine Belli Attorney
Josephine Reina Attorney
Justin Howland Attorneys For Defendants
Kate Long Attorneys For Plaintiffs
Kohler Co. Defendant
Kathleen Spezio Plaintiff
Lennox Industries, Inc., Individually And As Successor To Lennox Furnace Company And Ducane Defendant
Long, Kaitlyn Pelosi Attorney For The Defendant
Mario & Dibono Plastering Co. Inc. Defendant
Mark Canary Attorney
Mark Nadel Attorney
Marron Trabold, Kathleen Hazel Attorney For The Defendant
Masino, Michael J Attorney For The Defendant
Mchugh, Timothy J Attorney For The Defendant
Metropolitan Life Insurance Company Defendant
Montano, James S. Attorney For The Defendant
Nemeth, Mark Stephen Attorney For The Defendant
New Yorker Boiler Company, Inc. Defendant
O'Leary, Richard Patrick Attorney For The Defendant
Parker Hannifin Corporation, Individually And As Successor By Merger To Stratoflex, Inc. (Cleveland Brake Division) And Eis Defendant
Pehush, Tara Lynne Attorney For The Defendant
Pratt & Whitney Measurement Systems, Inc. Defendant
Pratt & Whitney Power Systems, Inc. Defendant
Raghu Bandlamudi Attorney
Redco Corp. F/K/A Crane Co. Defendant
Rheem Manufacturing Company, Inc. Defendant
Rice, Matthew James Attorney For The Defendant
Richard White Attorney
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 Defendant
Ryan, Jodie L. Attorney For The Defendant
Roger Paul Spezio Sr. Plaintiff
Schmolze, Jason Liam Attorney For The Defendant
Shah, Misha Attorney For The Defendant
Sid Harvey Industries, Inc. Defendant
Sid Harvey Supply, Inc. Defendant
Sorensen, Brian Jonathan Attorney For The Defendant
Spence Engineering Company, Inc. Defendant
Spencer Heater A Lycoming Division Of Avco Corporation Defendant
Spirax Sarco, Inc. Defendant
Susan Engel Attorneys For Defendants
Taco, Inc. Defendant
Tanenbaum, Michael A Attorney For The Defendant
Technify Motor (Usa), Inc., Individually And As Successor To Teledyne Continental Motors, Inc. F/K/A Continental Motors, Inc. And Continental Motors Company Defendant
Teledyne Technologies Inc., Individually And As Successor To Teledyne Continental Motors, Inc. F/K/A Continental Motors, Inc., Continental Motors Company Defendant
Texaco, Inc. Defendant
Union Carbide Corporation Defendant
United Technologies Corporation, Individually And As Successor To Pratt & Whitney (Pratt & Whitney/Aircraft Division) And Franklin Engine Company F/K/ Aircooled Motors Company Defendant
Van Gelder, Susan Elizabeth Attorney For The Defendant
Velan Valve Corp. Defendant
Warren Pumps Llc, Individually And As Successor To The Quimby Pump Company Defendant
Weil Mclain, A Division Of Marley-Wylain Company Defendant
Wells, Andrew John Attorney For The Defendant
William Naples Attorneys For Plaintiffs
William Powell Company (The) Defendant
Yavitz, Judith A Attorney For The Defendant
York International Corporation, Individually And As Successor To Frick Company Defendant

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