On December 14, 2023 a
Motion,Ex Parte
was filed
involving a dispute between
Joseph Rajcevich,
Sara Rajcevich
His Wife,
and
Mrc Holdings, Inc. As Successor To Primerica Corporation
F K A The American Can Company, A Joint Venturer Of Chemplex Company,
for Torts - Asbestos
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/17/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________
NEW YORK CITY ASBESTOS LITIGATION
-------------------------------------------------------------- x
JOSEPH RAJCEVICH and SARA RAJCEVICH, : Index No.: 190322/2023
his wife, : I.A.S. Part 30
:
Plaintiffs, : (Hon. Adam Silvera)
:
-against- :
:
MRC HOLDINGS, INC. as successor to : NOTICE OF MOTION
PRIMERICA CORPORATION f/k/a THE : TO DISMISS COMPLAINT
AMERICAN CAN COMPANY, a joint :
venturer of CHEMPLEX COMPANY, :
:
Defendant. :
-------------------------------------------------------------- x
PLEASE TAKE NOTICE that upon the Affirmation of Ahmed J. Kassim, dated
January 17, 2024, and the exhibits annexed thereto, the accompanying Memorandum of Law,
and upon all the pleadings filed and proceedings had herein, Defendant MRC Holdings, Inc.
(“MRC”), by and through its attorneys, Sills Cummis & Gross P.C., will move before the Hon.
Adam Silvera, J.S.C., Part 30, in the Supreme Court of New York, New York County, at the
Motion Support Office at 60 Centre Street, Room 130, New York, New York, on February 21,
2024, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR
§§ 327(a), 3211(a)(4), 3211(a)(7), dismissing the Complaint with prejudice, and for such other
and further relief as the Court deems just and proper.
PLEASE TAKE FURTHER NOTICE that answering papers, if any, are required to be
served in accordance with CPLR § 2214.
1
1 of 2
FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023
NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/17/2024
PLEASE TAKE FURTHER NOTICE that oral argument is requested if MRC’s
motion is opposed.
Dated: New York, New York
January 17, 2024
SILLS CUMMIS & GROSS P.C.
By: /s/ Ahmed J. Kassim
Joseph L. Buckley
Ahmed J. Kassim
101 Park Avenue, 28th Floor
New York, New York 10178
(212) 643-7000
Attorneys for Defendant MRC
Holdings, Inc.
TO: Daniel P. Blouin, Esq.
Simmons Hanly Conroy
112 Madison Avenue
New York, New York 10016
(212) 784-6400
Attorneys for Plaintiffs
2
2 of 2
Document Filed Date
January 17, 2024
Case Filing Date
December 14, 2023
Category
Torts - Asbestos
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/17/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________ NEW YORK CITY ASBESTOS LITIGATION -------------------------------------------------------------- x JOSEPH RAJCEVICH and SARA RAJCEVICH, : Index No.: 190322/2023 his wife, : I.A.S. Part 30 : Plaintiffs, : (Hon. Adam Silvera) : -against- : : MRC HOLDINGS, INC. as successor to : NOTICE OF MOTION PRIMERICA CORPORATION f/k/a THE : TO DISMISS COMPLAINT AMERICAN CAN COMPANY, a joint : venturer of CHEMPLEX COMPANY, : : Defendant. : -------------------------------------------------------------- x PLEASE TAKE NOTICE that upon the Affirmation of Ahmed J. Kassim, dated January 17, 2024, and the exhibits annexed thereto, the accompanying Memorandum of Law, and upon all the pleadings filed and proceedings had herein, Defendant MRC Holdings, Inc. (“MRC”), by and through its attorneys, Sills Cummis & Gross P.C., will move before the Hon. Adam Silvera, J.S.C., Part 30, in the Supreme Court of New York, New York County, at the Motion Support Office at 60 Centre Street, Room 130, New York, New York, on February 21, 2024, at 9:30 a.m., or as soon thereafter as counsel can be heard, for an Order, pursuant to CPLR §§ 327(a), 3211(a)(4), 3211(a)(7), dismissing the Complaint with prejudice, and for such other and further relief as the Court deems just and proper. PLEASE TAKE FURTHER NOTICE that answering papers, if any, are required to be served in accordance with CPLR § 2214. 1 1 of 2 FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023 NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 01/17/2024 PLEASE TAKE FURTHER NOTICE that oral argument is requested if MRC’s motion is opposed. Dated: New York, New York January 17, 2024 SILLS CUMMIS & GROSS P.C. By: /s/ Ahmed J. Kassim Joseph L. Buckley Ahmed J. Kassim 101 Park Avenue, 28th Floor New York, New York 10178 (212) 643-7000 Attorneys for Defendant MRC Holdings, Inc. TO: Daniel P. Blouin, Esq. Simmons Hanly Conroy 112 Madison Avenue New York, New York 10016 (212) 784-6400 Attorneys for Plaintiffs 2 2 of 2