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 01/12/2024 05:01 PM INDEX NO. E2023002784 NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 01/12/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3704488 Book Page CIVIL Return To: No. Pages: 3 KERRYANN MARIE COOK 115 Broadway Instrument: MISCELLANEOUS DOCUMENT Suite 1602 New York, NY 10006 Control #: 202401121487 Index #: E2023002784 Date: 01/12/2024 SHAW, ROBERT E Time: 5:02:35 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 202401121487 Index # INDEX : E2023002784 NO. E2023002784 FILED: MONROE COUNTY CLERK 01/12/2024 05:01 PM NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 01/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE ROBERT E. SHAW AND JANET A. SHAW, his spouse AFFIRMATION Plaintiffs, Index No. E2023002784 -against- Hon. Erin Gall, J.S.C. ABB, INC. individually and as successor in interest to ITE IMPERIAL CO. f/k/a ITE CIRCUIT BREAKER CO., et al., Defendants. Matthew D. Sampar, Esq., being an attorney duly admitted to practice law in the State of New York, hereby affirms the following to be true, under penalties of perjury that: 1. I am a partner with the law firm of The Cook Group, PLLC, attorneys for defendant Armstrong Pumps, Inc. (hereinafter “API”). I am fully familiar with the facts and circumstances of this case and make the instant affirmation in support of the present No Opposition Motion for Summary Judgment or Order of Dismissal on behalf of Defendant API. 2. This action commenced on or about March 20, 2023, by service of a Summons and Complaint. Issue was joined by API on June 20, 2023, by service of its Verified Answer to Plaintiffs’ Complaint 3. The plaintiff, Robert Shaw, through his discovery, or co-worker discovery, including sworn deposition testimony, did not identify any exposure to asbestos from any equipment allegedly manufactured, sold, or distributed by API, and discovery in this action is now complete. 4. On January 11, 2024, a No Opposition Summary Judgment Motion and Order was 2 of 3 202401121487 IndexNO. INDEX #: E2023002784 E2023002784 FILED: MONROE COUNTY CLERK 01/12/2024 05:01 PM NYSCEF DOC. NO. 105 RECEIVED NYSCEF: 01/12/2024 entered into between Plaintiff and API, a copy of which is attached hereto as Exhibit A. 5. For this reason, it is urged that the proposed No Opposition Summary Judgment Motion and Order of Dismissal be issued by this Court and that Plaintiff’s Complaint(s), along with all cross-claims, as against API be dismissed with prejudice. WHEREFORE, it is respectfully urged 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 API together with such other and further relief as this Court might deem just and proper. Dated: New York, New York January 11, 2024 THE COOK GROUP, PLLC By: _________________________ Matthew D. Sampar, Esq. 115 Broadway, Suite 1602 New York, New York 10006 Tel.: (646) 960-2214 To: LIPSITZ, PONTERIO & COMERFORD, PLLC Attorneys for Plaintiffs -and- ALL DEFENSE COUNSEL Via NYSCEF 2 3 of 3