On December 14, 2023 a
Motion-Secondary
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.
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FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023
NYSCEF DOC. NO. 18 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 :
PRIMERICA CORPORATION f/k/a THE :
AMERICAN CAN COMPANY, a joint :
venturer of CHEMPLEX COMPANY, :
:
Defendant. :
-------------------------------------------------------------- x
AFFIRMATION OF AHMED J. KASSIM IN SUPPORT OF
DEFENDANT MRC HOLDINGS INC.’S MOTION TO DISMISS
I, AHMED J. KASSIM, an attorney duly admitted to practice before the bar and courts of
the State of New York, hereby affirm under penalty of perjury as follows:
1. I am a Member of the law firm Sills Cummis & Gross P.C., attorneys for
Defendant MRC Holdings, Inc. (“MRC”). I am fully familiar with the facts and circumstances
set forth below based on my personal knowledge and/or my personal review of the relevant court
files.
2. I submit this Affirmation, and the exhibits annexed hereto, together with the
Memorandum of Law, in support of MRC’s motion for an Order dismissing the Complaint under
(i) CPLR § 327(a) on forum non conveniens grounds, (ii) CPLR § 3211(a)(7) for failure to state a
cause of action, (iii) CPLR § 3211(a)(4) because a similar action against MRC is pending in
another jurisdiction for the same relief and cause of action, and (iv) granting such other and
further relief as this Court deems just and proper.
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FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2024
3. Attached as Exhibit A is a true and correct copy of the Complaint filed in this
action on December 15, 2023.
4. Attached as Exhibit B hereto is a true and correct copy of Plaintiffs’ Initial Fact
Sheet dated December 18, 2023, with its accompanying Chart A and pathology reports.
5. Attached as Exhibit C is a true and correct copy of Plaintiffs’ Complaint filed in
the Circuit Court, Third Judicial District, Madison County, Illinois action on March 14, 2023
(“Illinois Action”).
6. Attached as Exhibit D hereto is a true and correct copy of the April 24, 2023
transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 1) in the Illinois action.
7. Attached as Exhibit E hereto is a true and correct copy of the April 25, 2023
transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 2) in the Illinois action.
8. Attached as Exhibit F hereto is a true and correct copy of the April 27, 2023
transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 3) in the Illinois action.
9. Attached as Exhibit G hereto is a true and correct copy of the April 28, 2023
transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 4) in the Illinois action.
10. Attached as Exhibit H hereto is a true and correct copy of the docket in the
Illinois Action as of January 9, 2024.
11. Attached as Exhibit I hereto is a true and correct copy of the case participant list
in the Illinois Action as of January 9, 2024.
WHEREFORE, it is respectfully requested that MRC’s motion be granted in its entirety,
together with such other and further relief as this Court deems just and proper.
Dated: New York, New York
January 17, 2024
/s/ Ahmed J. Kassim
Ahmed J. Kassim
2
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FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2024
Certification under Section 202.8-b the Uniform Civil Rules for the Supreme Court and the
County Court
The undersigned attorney for MRC certifies under Section 202.8-b the Uniform Civil
Rules for the Supreme Court and the County that the word count for the foregoing Affirmation is
454 words, exclusive of the caption, table of contents, table of authorities, and signature block as
counted by the word processing program: Microsoft Word.
Dated: January 17, 2024
SILLS CUMMIS & GROSS P.C.
By: s/ Ahmed J. Kassim
Ahmed J. Kassim, Esq.
101 Park Avenue, 28th Floor
New York, New York 10178
(212) 643-7000
Attorneys for Defendant
MRC Holdings, Inc.
3 of 3
Document Filed Date
January 17, 2024
Case Filing Date
December 14, 2023
Category
Torts - Asbestos
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FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023 NYSCEF DOC. NO. 18 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 : PRIMERICA CORPORATION f/k/a THE : AMERICAN CAN COMPANY, a joint : venturer of CHEMPLEX COMPANY, : : Defendant. : -------------------------------------------------------------- x AFFIRMATION OF AHMED J. KASSIM IN SUPPORT OF DEFENDANT MRC HOLDINGS INC.’S MOTION TO DISMISS I, AHMED J. KASSIM, an attorney duly admitted to practice before the bar and courts of the State of New York, hereby affirm under penalty of perjury as follows: 1. I am a Member of the law firm Sills Cummis & Gross P.C., attorneys for Defendant MRC Holdings, Inc. (“MRC”). I am fully familiar with the facts and circumstances set forth below based on my personal knowledge and/or my personal review of the relevant court files. 2. I submit this Affirmation, and the exhibits annexed hereto, together with the Memorandum of Law, in support of MRC’s motion for an Order dismissing the Complaint under (i) CPLR § 327(a) on forum non conveniens grounds, (ii) CPLR § 3211(a)(7) for failure to state a cause of action, (iii) CPLR § 3211(a)(4) because a similar action against MRC is pending in another jurisdiction for the same relief and cause of action, and (iv) granting such other and further relief as this Court deems just and proper. 1 of 3 FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2024 3. Attached as Exhibit A is a true and correct copy of the Complaint filed in this action on December 15, 2023. 4. Attached as Exhibit B hereto is a true and correct copy of Plaintiffs’ Initial Fact Sheet dated December 18, 2023, with its accompanying Chart A and pathology reports. 5. Attached as Exhibit C is a true and correct copy of Plaintiffs’ Complaint filed in the Circuit Court, Third Judicial District, Madison County, Illinois action on March 14, 2023 (“Illinois Action”). 6. Attached as Exhibit D hereto is a true and correct copy of the April 24, 2023 transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 1) in the Illinois action. 7. Attached as Exhibit E hereto is a true and correct copy of the April 25, 2023 transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 2) in the Illinois action. 8. Attached as Exhibit F hereto is a true and correct copy of the April 27, 2023 transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 3) in the Illinois action. 9. Attached as Exhibit G hereto is a true and correct copy of the April 28, 2023 transcript of Plaintiff Joseph Rajcevich’s deposition (Volume 4) in the Illinois action. 10. Attached as Exhibit H hereto is a true and correct copy of the docket in the Illinois Action as of January 9, 2024. 11. Attached as Exhibit I hereto is a true and correct copy of the case participant list in the Illinois Action as of January 9, 2024. WHEREFORE, it is respectfully requested that MRC’s motion be granted in its entirety, together with such other and further relief as this Court deems just and proper. Dated: New York, New York January 17, 2024 /s/ Ahmed J. Kassim Ahmed J. Kassim 2 2 of 3 FILED: NEW YORK COUNTY CLERK 01/17/2024 10:42 PM INDEX NO. 190322/2023 NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 01/17/2024 Certification under Section 202.8-b the Uniform Civil Rules for the Supreme Court and the County Court The undersigned attorney for MRC certifies under Section 202.8-b the Uniform Civil Rules for the Supreme Court and the County that the word count for the foregoing Affirmation is 454 words, exclusive of the caption, table of contents, table of authorities, and signature block as counted by the word processing program: Microsoft Word. Dated: January 17, 2024 SILLS CUMMIS & GROSS P.C. By: s/ Ahmed J. Kassim Ahmed J. Kassim, Esq. 101 Park Avenue, 28th Floor New York, New York 10178 (212) 643-7000 Attorneys for Defendant MRC Holdings, Inc. 3 of 3