On March 20, 2023 a DEMAND FOR: - On behalf of Armstrong International, Inc. 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 01/09/2024 04:21 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/09/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3699457 Book Page CIVIL Return To: No. Pages: 3 KERRYANN MARIE COOK 115 Broadway Instrument: MISCELLANEOUS DOCUMENT Suite 1602 New York, NY 10006 Control #: 202401091737 Index #: E2023002784 Date: 01/09/2024 SHAW, ROBERT E Time: 4:23:22 PM 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 3 202401091737 Index # INDEX : E2023002784 NO. E2023002784 FILED: MONROE COUNTY CLERK 01/09/2024 04:21 PM NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/09/2024 January 9, 2024 Via NYSCEF John P. Comerford, Esq. LIPSITZ, PONTERIO & COMERFORD, PLLC 424 Main Street, Suite 1500 Buffalo, New York 14202 Re: Robert E. Shaw v. ABB, Inc., et al. Venue: Monroe County Index No.: E2023002784 Dear Mr. Comerford: Our office represents Armstrong International, Inc., in the above-referenced matter. My review of the discovery conducted to date demonstrates that Plaintiff has 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 2 of 3 202401091737 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 01/09/2024 04:21 PM NYSCEF DOC. NO. 95 RECEIVED NYSCEF: 01/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT E. SHAW AND JANET A. SHAW, his spouse, Index No. E2023002784 Plaintiff(s), -against- NO OPPOSITION SUMMARY JUDGMENT MOTION ABB, INC. individually and as successor in interest to AND ORDER ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER CO., 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 ______________, 2024 John P. Comerford, Esq. Grace L. DeMario, Esq. LIPSITZ, PONTERIO & COMERFORD, PLLC THE COOK GROUP, PLLC 424 Main Street, Suite 1500 115 Broadway, Suite 1602 Buffalo, New York 14202 New York, New York 10006 (716) 849-0701 (646) 960-2214 Attorney for Plaintiffs Attorney for Defendant SO ORDERED: Dated: __________________, 2024 HON. ERIN P. GALL, J.S.C. 3 of 3