On March 20, 2023 a Motion-Secondary was filed involving a dispute between Janet A Shaw His Spouse, Robert E Shaw, and Abb, Inc. Individually And As Successor In Interest To Ite Imperial Co. F K A Ite Circuit Breaker Co., Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc., Alray Construction Corp. F K A Hebert Construction Corp., Armstrong International, Inc., Armstrong Pumps Inc., Aurora Pump Company, Cleaver-Brooks, Inc. F K A Aqua-Chem, Inc., Clyde Union Inc. F K A Union Pump Company, Eaton Corporation Individually And As Successor In Interest To Eaton Electrical, Inc. And Cutler-Hammer, Inc., Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International, Flowserve Us, Inc. Solely As Successor To Rockwell Manufacturing Company Edward Valves, Inc. And Edward Vogt Valve Company, Foster Wheeler Llc, Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc., Gardner Denver, Inc., General Electric Company, Gould Electronics, Inc. Individually And As Successor In Interest To Ite Electrical Products Co., Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation, Grinnell Llc, Honeywell International Inc, Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation, Iis Buffalo, Inc. F K A Industrial Insulation Sales, Inc., Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval, Insulation Distributors, Inc., Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow, Kaiser Gypsum Company, Inc., Leeds & Northrup Company, Morse Tec Llc F K A Borgwarner Morse Tec Llc As Successor-By-Merger To Borg-Warner Corporation, Neles-Jamesbury, Inc., Paramount Global F K A Viacomcbs Inc. F K A 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, Pfaudler, Inc., Progress Lighting, Inc., Redco Corporation, R.E. Hebert And Company, Inc., Ridge Construction Corporation, Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation, Rochester Industrial Insulation, Inc., Rockwell Automation, Inc. As Successor In Interest To Allen-Bradley Company Llc, Schneider Electric Usa, Inc. F K A Square D Company, Siemens Industry, Inc. Successor In Interest To Siemens Energy & Automation, Inc., Spirax Sarco, Inc. Individually And As Successor To Sarco Company, Inc., The Marley-Wylain Company F K A Weil-Mclain, Union Carbide Corporation, Velan Valve Corp., Warren Pumps Llc, Weir Valves & Controls Usa, Inc. D B A Atwood & Morrill Co., Inc., William Summerhays' Sons Corporation, Zurn Industries, Llc Individually And As Successor In Interest To Erie City Iron Workers Corporation, for Torts - Asbestos in the District Court of Monroe County.
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FILED: MONROE COUNTY CLERK 12/07/2023 11:03 AM INDEX NO. E2023002784 NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 12/07/2023 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3662503 Book Page CIVIL Return To: No. Pages: 5 THUY T. BUI 1177 Avenue of the Americas Instrument: AFFIDAVIT IN SUPPORT 41st Floor New York, NY 10036 Control #: 202312070666 Index #: E2023002784 Date: 12/07/2023 SHAW, ROBERT E Time: 11:31:39 AM SHAW, JANET A ABB, INC. AIR & LIQUID SYSTEMS CORPORATION ALRAY CONSTRUCTION CORP. ARMSTRONG INTERNATIONAL, INC. ARMSTRONG PUMPS INC. Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING – THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO MONROE COUNTY CLERK 1 of 5 202312070666 Index # INDEX : E2023002784 NO. E2023002784 FILED: MONROE COUNTY CLERK 12/07/2023 11:03 AM NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 12/07/2023 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT In re Seventh Judicial District Asbestos Litigation This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT E. SHAW and JANET A. SHAW, his spouse, Index No. E2023002784 Plaintiffs, vs. AFFIRMATION OF THUY T. BUI IN SUPPORT OF ABB, INC. individually and as successor in interest to DEFENDANT NELES- ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER JAMESBURY, INC.’S CO., et al., UNOPPOSED MOTION FOR SUMMARY JUDGMENT Defendants. THUY T. BUI, an attorney duly admitted to practice law in the State of New York, hereby affirms under penalty of perjury as follows: 1. I am Counsel with the law firm of Faegre Drinker Biddle & Reath LLP, counsel for defendant Neles-Jamesbury, Inc. (“Neles-Jamesbury”) in this matter. I am fully familiar with the facts and circumstances set forth herein. This affirmation is submitted in support of Neles- Jamesbury’s motion for an order pursuant to CPLR 3212, granting summary judgment dismissing all claims and cross-claims against Neles-Jamesbury with prejudice. 2. This is a personal injury action involving allegations of injury and damages caused by Mr. Shaw’s alleged exposure to asbestos-containing products. Neles-Jamesbury seeks dismissal on the basis that there is no evidence that plaintiff was exposed to asbestos fibers from a product manufactured or supplied by Neles-Jamesbury. 2 of 5 202312070666 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 12/07/2023 11:03 AM NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 12/07/2023 3. Plaintiff commenced this action by the filing of a Summons and Complaint on March 30, 2023. 4. Neles-Jamesbury served and filed its Answer with Cross-claims on May 24, 2023. 5. Plaintiff served interrogatory responses on May 26, 2023. Neles-Jamesbury was not identified as a source of Plaintiff’s asbestos exposure. 6. Plaintiff’s discovery deposition took place on June 13, 2023, June 14, 2023 and June 15, 2023. Neles-Jamesbury was not identified as a manufacturer or supplier of any asbestos containing products at Mr. Shaw’s discovery deposition. 7. On November 29, 2023, Neles-Jamesbury served by email a request for dismissal. A true and correct copy of Thuy T. Bui’s letter to John P. Comerford dated November 29, 2023 is attached hereto as Exhibit A. 8. On December 1, 2023, 2023, a Stipulation of Discontinuance was entered into between Plaintiff and Neles-Jamesbury, Inc., a copy of which is attached hereto as Exhibit B. 9. Due to the fact that plaintiff has not set forth any evidence identifying Neles- Jamesbury as a manufacturer, supplier, seller or installer of any product to which Mr. Shaw claims exposure, and that Plaintiff has consented to dismissal of Neles-Jamesbury, Neles- Jamesbury requests that this Court grant summary judgment, dismissing all claims and cross- claims against Neles-Jamesbury. 10. A copy of a proposed Order of Dismissal is attached hereto as Exhibit C. WHEREFORE, it is respectfully requested that the instant motion be granted, and that Plaintiff’s Complaint and any and all amended complaints, along with cross-claims, be dismissed with prejudice as against Defendant Neles-Jamesbury, Inc. together with such other and further relief as this Court may deem just and proper. 2 3 of 5 202312070666 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 12/07/2023 11:03 AM NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 12/07/2023 Dated: New York, New York December 7, 2023 FAEGRE DRINKER BIDDLE & REATH LLP By: s/ Thuy T Bui Thuy T. Bui 1177 Avenue of the Americas, 41st Floor New York, New York 10036-2714 Phone: (212) 248-3140 Attorneys for Defendant NELES-JAMESBURY, INC. 3 4 of 5 202312070666 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 12/07/2023 11:03 AM NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 12/07/2023 CERTIFICATION PURSUANT TO 22 N.Y.C.R.R. SECTION 202.8-b I, Thuy T. Bui, hereby certify that, the filed document to which this certification is attached contains 405 words in compliance with the word count limit of 22 N.Y.C.R.R. Section 202.8-b. Dated: New York, New York December 7, 2023 FAEGRE DRINKER BIDDLE & REATH LLP By: s/ Thuy T Bui Thuy T. Bui 1177 Avenue of the Americas, 41st Floor New York, New York 10036-2714 Phone: (212) 248-3140 Attorneys for Defendant NELES-JAMESBURY, INC. 4 5 of 5