On March 20, 2023 a Letter,Correspondence 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 12/20/2023 02:03 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/20/2023 Phillips Lytle LLP John P. Comerford December 20, 2023 Lipsitz, Ponterio & Comerford, LLC 4245 Main Street, Suite 1500 Buffalo, NY 14202 Re: Robert E. Shaw and Janet A. Shaw, his spouse v. ABB, Inc. Individually and as successor in interest to ITE Imperial Co. f/k/a ITE Circuit Breaker Co., et al., New York State Supreme Court, Monroe County Index No.: E2023002784 Dear John: We represent Defendant Riley Power Inc., sued herein as "Riley Power, Inc. f/k/a Babcock Inc." Borsig Power, Inc. and f/k/a Riley Stoker Corporation d/b/a DB Riley ("Riley") in the above-referenced matter. Based upon the discovery to date, as well as the completed deposition testimony of Robert Shaw, it does not appear that the plaintiffs will be able to establish that Mr. Shaw was exposed to any equipment manufactured asbestos-containing by Riley. Accordingly, we request that you execute the enclosed proposed No Opposition Summary Judgment Motion and Order for Riley and return to us, or provide an explanation as to the basis for your denial of our request. Thank you. Very truly yours, Philli s P By Rosario Chetta SRB/Encl./ Doc #11596517.1 cc: All Defense Counsel (via e-mail) ATTORNEYSAT LAW ONE CANALSIDE 125 MAIN STREET BUFFALo, NY 14203-2887 PHONE 716 847 8400 FAX 7 16 852 6100 PHILLI PSLYTLE.COM 1 of 3 FILED: MONROE COUNTY CLERK 12/20/2023 02:03 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT NO OPPOSITION SUMMARY JUDGMENT In Re: Seventh Judicial District MOTION AND ORDER Asbestos Litigation This Motion Pertains to Riley Power Inc. This Document Applies to: Index No. E2023002784 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Hon. Erin P. Gall, J.S.C. ROBERT E. SHAW and JANET A. SHAW, his spouse, Plaintiffs, -vs- ABB, INC. individually and as successor in interest to ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER CO., et al., Defendants. WHEREFORE, Defendant Riley Power Inc. sued herein as ""Riley Power, Inc. Inc." and f/k/a Babcock Borsig Power, Inc. f/k/a Riley Stoker Corporation d/b/a DB Riley (hereinafter "Riley") hereby request summary judgment in the above-entitled case, pursuant to Civil Practice Law and Rules Section 3212, dismissing plaintiff s complaint and all amended complaints against defendant Riley with prejudice and without costs, and there being no opposition thereto, it is hereby ORDERED, that upon notice to all co-defendants, all claims and cross-claims against defendant Riley, be and the same are hereby dismissed with prejudice and without costs. The basis for dismissal is: 2 of 3 FILED: MONROE COUNTY CLERK 12/20/2023 02:03 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 12/20/2023 No Product ID O Lack of Personal Jurisdiction O Workers Compensation Bar O Wrong Entity Sued O No Successor Liability O Lack of Service O As A Matter of Law O Other Dated:Buffalo, New York , 2023 Dated: , 2023 John P. Comerford, Esq. Rosario Chetta, Esq. LIPSITZ, PONTERIO & COMERFORD, LLC PHILLIPS LYTLE LLP Attorneys for Plaintifs Attorneys for Defendant 424 Main Street, Suite 1500 Riley Power, Inc. Buffalo, New York 14202 One Canalside 125 Main Street Buffalo, New York 14203-2887 Tel.: 716-847-8400 rchetta@phillipslytle.com SO ORDERED, Hon. Erin P. Gall, J.S.C. Doc #11596513.1 3 of 3