On January 13, 2023 a Motion-Secondary was filed involving a dispute between Kathleen Spezio, Roger Paul Spezio Sr., and 3M Company, Individually And As Successor To Minnesota Mining And Manufacturing Company, Aii Acquisition Corporation, Llc Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company, Air & Liquid Systems Corporation As Successor By Merger To Buffalo Pumps, Inc., Alcoa Inc., Individually And As Successor In Interest To Tilo Roofing Co., American Optical Corporation, A.O. Smith Water Products, Armstrong International, Inc., Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc., Aurora Pump Company, Avco Corporation, A Textron Lycoming Division, Individually And As Successor To Lycoming Engines F K A Lycoming Manufacturing, Spencer Heater Company, And Spencer Heater Division Of Lycoming, Bw Ip International Co., Formerly Known As Borg Warner Industrial Products Inc., A Former Subsidiary Of And Successor To Borg Warner Corp. And Byron Jackson Pumps, Carrier Corporation, 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, Cleaver-Brooks Company F K A Aqua-Chem, Inc., Columbia Boiler Company Of Pottstown, Compudyne Corporation, Individually And As Successor To York-Shipley, Continental Motors Inc., Continental Motors Inc. F K A Teledyne Continental Motors, Inc., Individually And As Successor To Continental Motors Inc. And Continental Motors Company, Crown Boiler Co., Dean Pump Division, Eaton Aeroquip, Inc. F K A Aeroquip Corporation, Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers And Pennco, Inc., Electrolux Home Products, Inc., Individually And As Successor To Tappan And Copes-Vulcan Company, Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company, Fmc Corporation, Individually And As Successor To Northern Pump Company, Coffin And Peerless Pump Company, Gardner Denver, Inc., Individually And As Successor To Nash Engineering Company, Gardner Denver Nash, Llc, Individually And As Successor To Nash Engineering Company, General Electric Company, Goulds Pumps, Inc., Grinnell Corporation, Hoffman New Yorker, Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp., Howden Buffalo, Inc., Individually And As Successor-In-Interest To Fb Sturtevant, The Howden Buffalo Group And Buffalo Fan, International Comfort Products Llc, Individually And As Successor To Heil Heating And Cooling, I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett, Kohler Co., Lennox Industries, Inc., Individually And As Successor To Lennox Furnace Company And Ducane, Mario & Dibono Plastering Co. Inc., Metropolitan Life Insurance Company, New Yorker Boiler Company, Inc., Parker Hannifin Corporation, Individually And As Successor By Merger To Stratoflex, Inc., Pratt & Whitney Measurement Systems, Inc., Pratt & Whitney Power Systems, Inc., Redco Corp. F K A Crane Co., Rheem Manufacturing Company, Inc., Rockwell Automation, Inc., Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Companys Timken Silent Automatic Division, Sid Harvey Industries, Inc., Sid Harvey Supply, Inc., Spence Engineering Company, Inc., Spencer Heater A Lycoming Division Of Avco Corporation, Spirax Sarco, Inc., Taco, Inc., Technify Motor Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc. And Continental Motors Company, Teledyne Technologies Inc., Individually And As Successor To Teledyne Continental Motors, Inc. F K A Continental Motors, Inc., Continental Motors Company, Texaco, Inc., Union Carbide Corporation, United Technologies Corporation, Individually And As Successor To Pratt & Whitney, Velan Valve Corp., Warren Pumps Llc, Individually And As Successor To The Quimby Pump Company, Weil Mclain, A Division Of Marley-Wylain Company, William Powell Company, York International Corporation, Individually And As Successor To Frick Company, for Torts - Asbestos in the District Court of Ulster County.
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FILED: ULSTER COUNTY CLERK 12/28/2023 09:42 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 311 RECEIVED NYSCEF: 12/28/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ULSTER ERIC SPEZIO, as Executor of the Estate of : Index No. EF2023-99 ROGER PAUL SPEZIO, SR. and KATHLEEN : SPEZIO, Individually, : : Plaintiff, : - against - : AFFIRMATION OF COUNSEL IN : SUPPORT OF MOTION FOR 3M COMPANY, Individually and as Successor : SUMMARY JUDGMENT to Minnesota Mining and Manufacturing : Company, et al., : : Defendants. : Brian Sorensen, an attorney duly admitted to practice law before the courts of the State of New York, affirms under the penalties of perjury pursuant to CPLR § 2106, that the following statements are true, except for those made upon information and belief, which I believe to be true: 1. I am a Partner at the law firm of McElroy, Deutsch, Mulvaney & Carpenter, LLP, attorneys for Defendant Flowserve US, Inc., solely as successor to Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc., and Edward Vogt Valve Company (hereinafter “Flowserve US” or “Defendant”), and as such, I am fully familiar with the facts contained herein. 2. I respectfully submit this Affirmation in support of Flowserve US Motion for Summary Judgment pursuant to CPLR § 3212, seeking an Order dismissing Plaintiff’s complaint in its entirety and all cross-claims against Flowserve US. 3. Plaintiffs, Roger Paul Spezio, Sr. and Kathleen Spezio (hereinafter “Plaintiffs” or “Mr. Spezio” and “Mrs. Spezio”) initiated this action against numerous defendants by filing a Verified Complaint in the Supreme Court of the State of New York, Ulster County, on or about 1 of 3 FILED: ULSTER COUNTY CLERK 12/28/2023 09:42 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 311 RECEIVED NYSCEF: 12/28/2023 January 13, 2023 alleging that Plaintiff was diagnosed with mesothelioma as a result of his exposure to asbestos. A true and accurate copy of Plaintiffs’ Verified Complaint is attached hereto as Exhibit “A.” 4. Flowserve US filed its Verified Answer on or about March 1, 2023. A true and accurate copy of Flowserve US Answer is attached hereto as Exhibit “B.” 5. Mr. Spezio passed away on April 4, 2023. Plaintiff filed a First Amended Complaint for Wrongful Death to appoint an Estate Representative (See Dkt. Nos. 94-95) on May 25, 2023. 6. Plaintiff appeared for a discovery deposition on March 20, 2023. His discovery deposition is now concluded. Throughout the course of his entire deposition, Plaintiff did not identify Flowserve US or any of its products as a source of his exposure to asbestos. 7. Plaintiffs served Answers to Interrogatories on or about February 27, 2023. Same did not identify Flowserve US or any of its products as a source of Plaintiff’s alleged exposure to asbestos. A true and accurate copy of Plaintiffs’ Answers to Interrogatories is attached hereto as Exhibit “C.” 8. To date, Plaintiff has failed to present any admissible evidence identifying an Flowserve US product as a source of Plaintiff’s alleged exposure to asbestos. On November 14, 2023, and December 22, 2023, counsel for Defendant forwarded correspondence to Plaintiff’s counsel advising of the lack of product identification as it related to Flowserve US and enclosed a proposed Short Form No Opposition Summary Judgment Motion for execution. A copy of the Flowserve’s request to Plaintiff’s counsel and the enclosed Short Form No Opposition Summary Judgment Motion are annexed hereto as Exhibit D. 9. Discovery in this case is complete. 2 of 3 FILED: ULSTER COUNTY CLERK 12/28/2023 09:42 AM INDEX NO. EF2023-99 NYSCEF DOC. NO. 311 RECEIVED NYSCEF: 12/28/2023 10. As demonstrated herein, there has been no evidence offered in this action to allege that Mr. Spezio was exposed to asbestos from any products manufactured, sold, or distributed by Flowserve US. 11. No prior requests have been made for this or similar relief to this or any other court. WHEREFORE, it is respectfully submitted that the Court grant the current Motion to for Summary Judgment pursuant to CPLR § 3212, dismissing Plaintiff’s Complaint and any cross- claims against Flowserve US for the reasons stated herein, and awarding such other and further relief as the Court deems just and proper. Dated: December 28, 2023 McELROY, DEUTSCH, MULVANEY Morristown, New Jersey & CARPENTER, LLP /s/ Brian Sorensen, Esq. Brian Sorensen, Esq. Attorneys for Defendant, Flowserve US, Inc. 1300 Mount Kemble Avenue, P.O. Box, 2075 Morristown, New Jersey 07962-2075 3 of 3