Preview
INDEX NO. E2024003399
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3754183
Book Page CIVIL
Return To: No. Pages: 43
ERIC RICHARD WINNERT
424 Main Street, Suite 1500 Instrument: EFILING INDEX NUMBER
Buffalo, NY 14202
Control #: 202402221380
Index #: E2024003399
Date: 02/22/2024
ROWELL, TOBY Time: 3:13:45 PM
ROWELL, VICKIE
AIR & LIQUID SYSTEMS CORPORATION
ALRAY CONSTRUCTION CORP.
ARMSTRONG INTERNATIONAL, INC.
ARMSTRONG PUMPS INC.
AURORA PUMP COMPANY
State Fee Index Number $165.00
County Fee Index Number $26.00
State Fee Cultural Education $14.25
State Fee Records $4.75 Employee: CW
Management
Total Fees Paid: $210.00
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
WONT
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SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT
ASBESTOS LITIGATION
In Re Seventh Judicial District
Asbestos Litigation Plaintiffs designate MONROE
County as the place of trial.
This Document Applies to:
The basis of the venue is plaintiffs’
SUPREME COURT OF THE STATE OF NEW YORK residence.
COUNTY OF MONROE
SUMMONS
TOBY ROWELL and
VICKIE ROWELL, his spouse
4337 Brick Schoolhouse Road Plaintiffs reside at
Hamlin, NY 14664 4337 Brick Schoolhouse Road
Hamlin, NY 14664
Plaintiffs, County of Monroe
against
AIR & LIQUID SYSTEMS CORPORATION
as successor by merger to
BUFFALO PUMPS, INC.
c/o Corporation Service Company
80 State Street
Albany, NY 12207
ALRAY CONSTRUCTION CORP.
f/k/a HEBERT CONSTRUCTION CORP.
271 Hollenbeck Street
Rochester, NY 14621
ARMSTRONG INTERNATIONAL, INC.
1002 S.E. Monterey Commons, Suite 104
Stuart, Florida 34994
ARMSTRONG PUMPS INC.
93 East Avenue
North Tonawanda, NY 14120
AURORA PUMP COMPANY
6325 Ardrey Road, Suite 400
Charlotte, NC 28277-4967
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CANVAS MW, LLC
f/k/a THE MARLEY-WYLAIN COMPANY, LLC
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
CARRIER CORPORATION
individually and as successor in interest to
BRYANT HEATING & COOLING SYSTEMS
c/o United Agent Group Inc.
600 Mamaroneck Avenue, #400
Harrison, NY 10528
CLEAVER-BROOKS, INC.
f/k/a AQUA-CHEM, INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
CLYDE UNION INC.
f/k/a UNION PUMP COMPANY
c/o CSC Lawyers Incorporating Service
3410 Belle Chase Way, Suite 600
Lansing, MI 48911
CUMMINS INC.
f/k/a CUMMINS ENGINE COMPANY, INC.
c/o Corporation Service Company
80 State Street
Albany, NY 12207
DCO LLC
f/k/a DANA COMPANIES LLC
CT Corporation System
4701 Cox Road, Ste. 285
Glen Allen, VA 23060.
ENERPAC TOOL GROUP CORP.
successor in interest to
ACTUANT GROUP
c/o CT Corporation System
301 S. Bedford Street, Ste. 1
Madison, WI 53703
=D) =
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FLOWSERVE CORPORATION
f/k/a THE DURIRON COMPANY, INC.
sued as successor by merger to
DURCO INTERNATIONAL
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
FLOWSERVE US, INC.
solely as successor to
ROCKWELL MANUFACTURING COMPANY
EDWARD VALVES, INC. and
EDWARD VOGT VALVE COMPANY
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
FMC CORPORATION
individually and as successor to
NORTHERN PUMP COMPANY
f/k/a NORTHERN FIRE APPARATUS COMPANY
and COFFIN
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
FOSTER WHEELER LLC
c/o United Agent Group Inc.
3411 Silverside Road, #104 Tatnall Building
Wilmington, DE 19810
GARDNER DENVER, INC.
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
GENERAL ELECTRIC COMPANY
3135 Easton Turnpike
Fairfield, CT 06828
GOULDS PUMPS, INCORPORATED
f/k/a GOULDS PUMPS MERGER CORPORATION
240 Fall Street
Seneca Falls, NY 13148
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GRINNELL LLC
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
HONEY WELL INTERNATIONAL INC.
f/k/a ALLIEDSIGNAL, INC.
and as successor in interest to
THE BENDIX CORPORATION
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
IMO INDUSTRIES INC.
individually and as successor in interest to
IMO DELAVAL
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
INSULATION DISTRIBUTORS, INC.
356 Hertel Avenue
Buffalo, NY 14207
ITT LLC
f/k/a ITT INDUSTRIES, INC.
individually and as successor to
ITT FLUID PRODUCTS CORP.
ITT HOFFMAN
ITT BELL & GOSSETT COMPANY and
ITT MARLOW
c/o Intelco Management LLC
187 Danbury Road, Ste. 2D
Wilton, CT 06897
KAISER GYPSUM COMPANY, INC.
Corporation Service Company
2626 Glenwood Avenue, Ste. 550
Raleigh, NC 27608.
MADER CAPITAL, INC.
individually and as successor in interest to
THE MADER CORPORATION and
ROCHESTER ACOUSTICAL CORP.,
c/o Larry Reger
2730 Transit Road
West Seneca, NY 14224
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MADER PLASTERING CORP.
individually and as successor to
ROCHESTER ACOUSTICAL CORP.
c/o Larry Reger
2730 Transit Road
West Seneca, NY 14224
MADER CONSTRUCTION CORPORATION
individually and as successor to
ROCHESTER ACOUSTICAL CORP.
c/o Larry Reger
2730 Transit Road
West Seneca, NY 14224
MORSE TEC LLC
f/k/a BORGWARNER MORSE TEC LLC
as successor-by-merger to
BORG-WARNER CORPORATION
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
NELES-JAMESBURY, INC.
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
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
51 W. 52nd Street
New York, NY 10019
PFAUDLER, INC.
1000 West Avenue
Rochester, NY 14611
R.E. HEBERT AND COMPANY, INC.
275 McKee Road
Rochester, NY 14611
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REDCO CORPORATION
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
RILEY POWER INC.
f/k/a BABCOCK BORSIG POWER, INC.
f/k/a DB RILEY, INC.
f/k/a RILEY STOKER CORPORATION
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
ROCHESTER INDUSTRIAL INSULATION, INC.
1631 Dewey Avenue
Rochester, NY 14615
SPIRAX SARCO, INC.
individually and as successor to
SARCO COMPANY, INC.
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
SPX COOLING TECHNOLOGIES, INC.
f/k/a MARLEY COOLING TECHNOLOGIES, INC.
f/k/a THE MARLEY COOLING TOWER COMPANY
SPX Cooling Technologies, Inc.
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
STANDARD MOTOR PRODUCTS, INC.
Attn: Samuel Bleichfeld
3718 Northern Boulevard
Long Island City, NY 11101
TDY INDUSTRIES, INC.
f/k/a TELEDYNE INDUSTRIES, INC.
individually and as successor to
FARRIS ENGINEERING
1000 Six PPG Place
Pittsburgh, PA 15222
a ®=
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THE KRAISSL COMPANY, INC.
299 Williams Avenue
Hackensack, NJ 07601
THE MADER CORPORATION
individually and as successor to
ROCHESTER ACOUSTICAL CORP.
2730 Transit Road
West Seneca, NY 14224
THE WILLIAM POWELL COMPANY
3261 Spring Grove Avenue
Cincinnati, OH 45225
UNION CARBIDE CORPORATION
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
VVELAN VALVE CORP.
c/o Corporation Service Company
80 State Street
Albany, NY 12207
WARREN PUMPS LLC
82 Bridges Avenue
Warren, MA 01083-1083
WEIR VALVES & CONTROLS USA, INC.
d/b/a ATWOOD & MORRILL CO., INC.
29 Old Right Road
Ipswich, MA 01938
WILLIAM SUMMERHAYS' SONS CORPORATION
620 S. Clinton Avenue
Rochester, NY 14620
YORK INTERNATIONAL CORPORATION
in its own right and as successor in interest to
EVCON INDUSTRIES, INC.
MONCRIEF FURNACE and
COLEMAN FURNACE
c/o The Corporation Trust Company
1209 Orange Street
Wilmington, DE 19801
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ZURN INDUSTRIES, LLC
individually and as successor in interest to
ERIE CITY IRON WORKERS CORPORATION
c/o CT Corporation System
28 Liberty Street, Floor 42
New York, NY 10005
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
appearance on the Plaintiffs’ Attorneys within 20 days after the service of this Summons, exclusive
of the day of service (or within 30 days after the service is complete if this Summons is not personally
delivered to you within the State of New York); and in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
ELM
Dated: Buffalo, New York
February 22, 2024
ERIC R. WINNERT, ESQ.
LIPSITZ, PONTERIO & COMERFORD, LLC
Attorneys for Plaintiff
424 Main Street, Suite 1500
Buffalo, NY 14202
(716) 849-0701
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SUPREME COURT OF THE STATE OF NEW YORK
SEVENTH JUDICIAL DISTRICT
SEVENTH JUDICIAL DISTRICT
In Re Seventh Judicial District ASBESTOS LITIGATION
Asbestos Litigation
This Document Applies to: COMPLAINT
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
TOBY ROWELL and
VICKIE ROWELL, his spouse
Plaintiffs,
vs.
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,
CANVAS MW, LLC
f/k/a THE MARLEY-WYLAIN COMPANY, LLC,
CARRIER CORPORATION
individually and as successor in interest to
BRYANT HEATING & COOLING SYSTEMS,
CLEAVER-BROOKS, INC.
fik/a AQUA-CHEM, INC.,
CLYDE UNION INC.
f/k/a UNION PUMP COMPANY,
CUMMINS INC.
f/k/a CUMMINS ENGINE COMPANY, INC.,
DCO LLC
f/k/a DANA COMPANIES LLC,
ENERPAC TOOL GROUP CORP.
successor in interest to
ACTUANT GROUP,
FLOWSERVE CORPORATION
f/k/a THE DURIRON COMPANY, INC.
sued as successor by merger to
DURCO INTERNATIONAL,
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FLOWSERVE US, INC.
solely as successor to
ROCKWELL MANUFACTURING COMPANY
EDWARD VALVES, INC. and
EDWARD VOGT VALVE COMPANY,
FMC CORPORATION
individually and as successor to
NORTHERN PUMP COMPANY
f/k/a NORTHERN FIRE APPARATUS COMPANY
and COFFIN,
FOSTER WHEELER LLC,
GARDNER DENVER, INC.,
GENERAL ELECTRIC COMPANY,
GOULDS PUMPS, INCORPORATED
f/k/a GOULDS PUMPS MERGER CORPORATION,
GRINNELL LLC,
HONEYWELL INTERNATIONAL INC.
f/k/a ALLIEDSIGNAL, INC.
and as successor in interest to
THE BENDIX CORPORATION,
IMO INDUSTRIES INC.
individually and as successor in interest to
IMO DELAVAL,
INSULATION DISTRIBUTORS, INC.,
ITT LLC
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.,
MADER CAPITAL, INC.
individually and as successor in interest to
THE MADER CORPORATION and
ROCHESTER ACOUSTICAL CORP.,
MADER CONSTRUCTION CORPORATION
individually and as successor to
ROCHESTER ACOUSTICAL CORP.,
MADER PLASTERING CORP.
individually and as successor to
ROCHESTER ACOUSTICAL CORP.,
MORSE TEC LLC
f/k/a BORGWARNER MORSE TEC LLC
as successor-by-merger to
BORG-WARNER CORPORATION,
De
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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.,
R.E. HEBERT AND COMPANY, INC.,
REDCO 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.,
SPIRAX SARCO, INC.
individually and as successor to
SARCO COMPANY, INC.,
SPX COOLING TECHNOLOGIES, INC.
f/k/a MARLEY COOLING TECHNOLOGIES, INC.
f/k/a THE MARLEY COOLING TOWER COMPANY
STANDARD MOTOR PRODUCTS, INC.,
TDY INDUSTRIES, INC.
f/k/a TELEDYNE INDUSTRIES, INC.
individually and as successor to
FARRIS ENGINEERING,
THE KRAISSL COMPANY, INC.,
THE MADER CORPORATION
individually and as successor to
ROCHESTER ACOUSTICAL CORP.,
THE WILLIAM POWELL COMPANY,
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,
YORK INTERNATIONAL CORPORATION
in its own right and as successor in interest to
EVCON INDUSTRIES, INC.
MONCRIEF FURNACE and
COLEMAN FURNACE,
3) =
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ZURN INDUSTRIES, LLC
individually and as successor in interest to
ERIE CITY IRON WORKERS CORPORATION,
Defendants.
The plaintiffs, TOBY ROWELL and VICKIE ROWELL, by their attorneys, LIPSITZ,
PONTERIO & COMERFORD LLC, for their verified Complaint against each and every defendant
allege:
1 That at all times hereinafter mentioned, the plaintiffs, TOBY ROWELL and VICKIE
ROWELL, were and still are citizens of the State of New York and residents of the County of Monroe.
ARTICLE 16 ALLEGATIONS
2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert
that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but not
limited to, the exception for cases where a person is held liable for causing the claimant's injury by
having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases
involving any person held liable for causing claimant's injury by having unlawfully released into the
environment a substance hazardous to public health, safety or the environment (CPLR 1602(9)); the
exception for any parties found to have acted knowingly or intentionally and in concert to cause the
acts or failures upon which liability is based (CPLR 1602(11)); the exception based upon defendants!
non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); the exception
pertaining to claims against a defendant where the claimant has sustained a "grave injury" as defined
in Section eleven of the Workers' Compensation Law to the extent of the equitable share of any person
against whom the claimant is barred from asserting a cause of action because of the applicability of
the Workers! Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a
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product liability action where the manufacturer of the product is not a party to the action and
jurisdiction over the manufacturer could not with due diligence be obtained (CPLR 1602(10)).
DEFENDANT ALLEGATIONS
3 That upon information and belief, at all times hereinafter mentioned, the defendant,
AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC.,
is a foreign business corporation authorized to do business in the State of New York, with its principal
place of business outside the State of New York. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
4 That upon information and belief, at all times hereinafter mentioned, the defendant,
ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP., was a domestic
corporation duly organized and existing under and by virtue of the laws of the State of New York.
At all times relevant, it has engaged in the sale and distribution of materials and products containing
the substance asbestos.
5 That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG INTERNATIONAL, INC., was and still is a foreign business corporation
transacting business in the State of New York, with its principal place ofbusiness outside the State
of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and products containing the substance asbestos.
6 That upon information and belief, at all times hereinafter mentioned, the defendant,
ARMSTRONG PUMPS INC., was and still is a domestic business corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the
substance asbestos.
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7 That upon information and belief, at all times hereinafter mentioned, the defendant,
AURORA PUMP COMPANY, was and still is a foreign business corporation transacting business
in the State of New York, with its principal place of business outside the State of New York. At
all times relevant, it has engaged in the manufacture, sale and distribution of materials, products
and/or equipment containing the substance asbestos.
8 That upon information and belief, at all times hereinafter mentioned, the defendant,
CANVAS MW, LLC f/k/a THE MARLEY-WYLAIN COMPANY, LLC, was and still is a foreign
corporation which transacted business in the State of New York, with its principal place of business
outside the State of New York. Upon further information and belief, at all times hereinafter
mentioned, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
9 That upon information and belief, at all times hereinafter mentioned, the defendant,
CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING &
COOLING SYSTEMS, was and still is Delaware corporation authorized to transact business in
the State of New York, with its principal place of business outside the State of New York. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
10. That upon information and belief, at all times hereinafter mentioned, the defendant,
CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., is a foreign business corporation authorized
to transact business in the State of New York, with its principal place of business outside the State of
New York. Defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., transacted business
on a regular systematic basis throughout New York State. That upon information and belief, at all
times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., mined,
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manufactured, produced, sold and/or supplied asbestos and asbestos-containing products in its boilers,
either directly or indirectly, to sites throughout New York State.
ll. That upon information and belief, at all times hereinafter mentioned, the defendant,
CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business
corporation unauthorized to transact business in the State of New York, with its principal place of
business outside the State of New York. At all times relevant, it has engaged in the manufacture,
sale and distribution of materials and products containing the substance asbestos.
12. That upon information and belief, at all times hereinafter mentioned, the defendant,
CUMMINS INC. f/k/a CUMMINS ENGINE COMPANY, INC., was and still is a foreign business
corporation authorized to and transacting business in the State of New York, with its principal
place of business outside the State of New York. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials, products, and/or equipment containing the
substance asbestos.
13. That upon information and belief, at all times hereinafter mentioned, the defendant,
DCO LLC f/k/a DANA COMPANIES LLC, was and still is a foreign business corporation
transacting business in the State of New York, with its principal place of business outside the State
of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials, products, and/or equipment containing the substance asbestos.
14. That upon information and belief, at all times hereinafter mentioned, the defendant,
ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, was and still is a
foreign business corporation transacting business in the State of New York, with its principal place
of business outside the State of New York. At all times hereinafter mentioned, defendant,
ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, and/or its
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predecessor(s) in interest, under the name “BEAR,” MANUFACTURED AND SOLD BRAKE
GRINDERS AND LATHES.
15. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP.
successor in interest to ACTUANT GROUP, designed its brake grinders and lathes to be used with
asbestos brakes that were the standard offering on the market including but not limited to the
1970s.
16. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP.
successor in interest to ACTUANT GROUP, knew or should have known that the grinding of
asbestos brakes created substantial exposure to asbestos dust from the normal and intended use of
its grinders and lathes.
17. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP.
successor in interest to ACTUANT GROUP, knew or should have known of the dangers of asbestos
exposure from use of its equipment and failed to warn foreseeable users, such as plaintiff, TOBY
ROWELL, of the dangers from asbestos exposure.
18. That upon information and belief, at all times hereinafter mentioned, the defendant,
FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by
merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly
organized and existing under and by virtue of the laws of the State of New York. At all times relevant,
it has engaged in the sale and distribution of materials and products containing the substance asbestos.
19, ‘That upon information and belief, at all times hereinafter mentioned, the defendant,
FLOWSERVE US, INC. solely as successor to ROCK WELL MANUFACTURING COMPANY,
EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign
business corporation authorized to and transacting business in the State of New York, with its
principal place of business outside the State of New York. At all times relevant, it has engaged
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in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
20. That upon information and belief, at all times hereinafter mentioned, the defendant,
FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY f/k/a
NORTHERN FIRE APPARATUS COMPANY and COFFIN, is a forcign business corporation
authorized to do business in the State of New York, with its principal place of business outside the
State of New York. Atall times relevant, it has engaged in the manufacture, sale and distribution
of materials and products containing the substance asbestos.
AA. That upon information and belief, at all times hereinafter mentioned, the defendant,
FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by
virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and
distribution of materials and products containing the substance asbestos.
22. That upon information and belief, at all times hereinafter mentioned, the defendant,
GARDNER DENVER, INC., is a foreign business corporation authorized to transact business in
the State of New York with its principal place of business outside the State of New York. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
23. That upon information and belief, at all times hereinafter mentioned, the defendant,
GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and
existing under and by virtue of the laws of the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
oie
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24. That upon information and belief, at all times hereinafter mentioned, the defendant,
GOULDS PUMPS INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION, was
and still is a foreign business corporation authorized to and transacting business in the State of New
York, with its principal place of business outside the State of New York. At all times relevant, it has
engaged in the manufacture, sale and distribution of materials and products containing the substance
asbestos.
25. That upon information and belief, at all times hereinafter mentioned, the defendant,
GRINNELL LLC, was and still is a foreign business corporation transacting business in the State of
New York, with its principal place of business outside the State of New York. At all times relevant,
it has engaged in the manufacture, sale and distribution of materials, products and/or equipment
containing the substance asbestos.
26. That upon information and belief, at all times hereinafter mentioned, the defendant,
HONEYWELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest
to THE BENDIX CORPORATION, is a foreign business corporation authorized to transact business
in the State of New York, with its principal place of business outside the State of New York. At all
times relevant, it has engaged in the manufacture, sale and distribution of materials and products
containing the substance asbestos.
27. That upon information and belief, at all times hereinafter mentioned, the defendant,
IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and still
is a foreign corporation authorized to do business within the State of New York with its principal
place of business outside the State of New York. At all times relevant, it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
28. That upon information and belief, at all times hereinafter mentioned, the defendant,
INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing
=10-
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under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the
sale and distribution of materials and products containing the substance asbestos.
29. That upon information and belief, at all times hereinafter mentioned, the defendant,
ITT LLC f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS
CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT MARLOW, was and still
is a foreign corporation authorized to do business within the State of New York with its principal
place of business outside the State of New York. At all times relevant it has engaged in the
manufacture, sale and distribution of materials and products containing the substance asbestos.
30. That upon information and belief, at all times hereinafter mentioned, the defendant,
KAISER GYPSUM COMPANY, INC., was and still is a foreign business corporation authorized
to transact business in the State of New York, with its principal place of business outside the State
of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of
materials and products containing the substance asbestos.
31. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER CAPITAL, INC. individually and as successor in interest to THE MADER
CORPORATION and ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation
duly organized and existing under any by virtue of the laws of the State of New York. At all times
relevant, it has engaged in the sale and distribution of materials and products containing the substance
asbestos,
32. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER CONSTRUCTION CORPORATION. individually and as successor to ROCHESTER
ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under
and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale
and distribution of materials and products containing the substance asbestos.
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33. That upon information and belief, at all times hereinafter mentioned, the defendant,
MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL
CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the
laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of
materials and products containing the substance asbestos.
34, That upon information and belief, at all times hereinafter mentioned, the defendant,
MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG-
WARNER CORPORATION, is a foreign business corporation with its principal place of business
outside the State of New York. At all times relevant, it has transacted business in the State of
New York and has engaged in the manufacture and sale of friction materials and products
containing the substance asbestos.
35. That upon information and belief, at all times hereinafter mentioned,
Preview
INDEX NO. E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3754183 Book Page CIVIL Return To: No. Pages: 43 ERIC RICHARD WINNERT 424 Main Street, Suite 1500 Instrument: EFILING INDEX NUMBER Buffalo, NY 14202 Control #: 202402221380 Index #: E2024003399 Date: 02/22/2024 ROWELL, TOBY Time: 3:13:45 PM ROWELL, VICKIE AIR & LIQUID SYSTEMS CORPORATION ALRAY CONSTRUCTION CORP. ARMSTRONG INTERNATIONAL, INC. ARMSTRONG PUMPS INC. AURORA PUMP COMPANY State Fee Index Number $165.00 County Fee Index Number $26.00 State Fee Cultural Education $14.25 State Fee Records $4.75 Employee: CW Management Total Fees Paid: $210.00 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 WONT 1 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT ASBESTOS LITIGATION In Re Seventh Judicial District Asbestos Litigation Plaintiffs designate MONROE County as the place of trial. This Document Applies to: The basis of the venue is plaintiffs’ SUPREME COURT OF THE STATE OF NEW YORK residence. COUNTY OF MONROE SUMMONS TOBY ROWELL and VICKIE ROWELL, his spouse 4337 Brick Schoolhouse Road Plaintiffs reside at Hamlin, NY 14664 4337 Brick Schoolhouse Road Hamlin, NY 14664 Plaintiffs, County of Monroe against AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC. c/o Corporation Service Company 80 State Street Albany, NY 12207 ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP. 271 Hollenbeck Street Rochester, NY 14621 ARMSTRONG INTERNATIONAL, INC. 1002 S.E. Monterey Commons, Suite 104 Stuart, Florida 34994 ARMSTRONG PUMPS INC. 93 East Avenue North Tonawanda, NY 14120 AURORA PUMP COMPANY 6325 Ardrey Road, Suite 400 Charlotte, NC 28277-4967 2 of 43 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 CANVAS MW, LLC f/k/a THE MARLEY-WYLAIN COMPANY, LLC c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS c/o United Agent Group Inc. 600 Mamaroneck Avenue, #400 Harrison, NY 10528 CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC. c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 CLYDE UNION INC. f/k/a UNION PUMP COMPANY c/o CSC Lawyers Incorporating Service 3410 Belle Chase Way, Suite 600 Lansing, MI 48911 CUMMINS INC. f/k/a CUMMINS ENGINE COMPANY, INC. c/o Corporation Service Company 80 State Street Albany, NY 12207 DCO LLC f/k/a DANA COMPANIES LLC CT Corporation System 4701 Cox Road, Ste. 285 Glen Allen, VA 23060. ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP c/o CT Corporation System 301 S. Bedford Street, Ste. 1 Madison, WI 53703 =D) = 3 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY f/k/a NORTHERN FIRE APPARATUS COMPANY and COFFIN c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 FOSTER WHEELER LLC c/o United Agent Group Inc. 3411 Silverside Road, #104 Tatnall Building Wilmington, DE 19810 GARDNER DENVER, INC. c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 GENERAL ELECTRIC COMPANY 3135 Easton Turnpike Fairfield, CT 06828 GOULDS PUMPS, INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION 240 Fall Street Seneca Falls, NY 13148 -3- 4 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 GRINNELL LLC c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 HONEY WELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION c/o Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 IMO INDUSTRIES INC. individually and as successor in interest to IMO DELAVAL c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 INSULATION DISTRIBUTORS, INC. 356 Hertel Avenue Buffalo, NY 14207 ITT LLC f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS CORP. ITT HOFFMAN ITT BELL & GOSSETT COMPANY and ITT MARLOW c/o Intelco Management LLC 187 Danbury Road, Ste. 2D Wilton, CT 06897 KAISER GYPSUM COMPANY, INC. Corporation Service Company 2626 Glenwood Avenue, Ste. 550 Raleigh, NC 27608. MADER CAPITAL, INC. individually and as successor in interest to THE MADER CORPORATION and ROCHESTER ACOUSTICAL CORP., c/o Larry Reger 2730 Transit Road West Seneca, NY 14224 -4- 5 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL CORP. c/o Larry Reger 2730 Transit Road West Seneca, NY 14224 MADER CONSTRUCTION CORPORATION individually and as successor to ROCHESTER ACOUSTICAL CORP. c/o Larry Reger 2730 Transit Road West Seneca, NY 14224 MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG-WARNER CORPORATION c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 NELES-JAMESBURY, INC. c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 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 51 W. 52nd Street New York, NY 10019 PFAUDLER, INC. 1000 West Avenue Rochester, NY 14611 R.E. HEBERT AND COMPANY, INC. 275 McKee Road Rochester, NY 14611 -5- 6 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 REDCO CORPORATION c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY, INC. f/k/a RILEY STOKER CORPORATION c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 ROCHESTER INDUSTRIAL INSULATION, INC. 1631 Dewey Avenue Rochester, NY 14615 SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC. c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 SPX COOLING TECHNOLOGIES, INC. f/k/a MARLEY COOLING TECHNOLOGIES, INC. f/k/a THE MARLEY COOLING TOWER COMPANY SPX Cooling Technologies, Inc. c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 STANDARD MOTOR PRODUCTS, INC. Attn: Samuel Bleichfeld 3718 Northern Boulevard Long Island City, NY 11101 TDY INDUSTRIES, INC. f/k/a TELEDYNE INDUSTRIES, INC. individually and as successor to FARRIS ENGINEERING 1000 Six PPG Place Pittsburgh, PA 15222 a ®= 7 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 THE KRAISSL COMPANY, INC. 299 Williams Avenue Hackensack, NJ 07601 THE MADER CORPORATION individually and as successor to ROCHESTER ACOUSTICAL CORP. 2730 Transit Road West Seneca, NY 14224 THE WILLIAM POWELL COMPANY 3261 Spring Grove Avenue Cincinnati, OH 45225 UNION CARBIDE CORPORATION c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 VVELAN VALVE CORP. c/o Corporation Service Company 80 State Street Albany, NY 12207 WARREN PUMPS LLC 82 Bridges Avenue Warren, MA 01083-1083 WEIR VALVES & CONTROLS USA, INC. d/b/a ATWOOD & MORRILL CO., INC. 29 Old Right Road Ipswich, MA 01938 WILLIAM SUMMERHAYS' SONS CORPORATION 620 S. Clinton Avenue Rochester, NY 14620 YORK INTERNATIONAL CORPORATION in its own right and as successor in interest to EVCON INDUSTRIES, INC. MONCRIEF FURNACE and COLEMAN FURNACE c/o The Corporation Trust Company 1209 Orange Street Wilmington, DE 19801 a7 8 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 ZURN INDUSTRIES, LLC individually and as successor in interest to ERIE CITY IRON WORKERS CORPORATION c/o CT Corporation System 28 Liberty Street, Floor 42 New York, NY 10005 Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiffs’ Attorneys within 20 days after the service of this Summons, exclusive of the day of service (or within 30 days after the service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. ELM Dated: Buffalo, New York February 22, 2024 ERIC R. WINNERT, ESQ. LIPSITZ, PONTERIO & COMERFORD, LLC Attorneys for Plaintiff 424 Main Street, Suite 1500 Buffalo, NY 14202 (716) 849-0701 -8- 9 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 SUPREME COURT OF THE STATE OF NEW YORK SEVENTH JUDICIAL DISTRICT SEVENTH JUDICIAL DISTRICT In Re Seventh Judicial District ASBESTOS LITIGATION Asbestos Litigation This Document Applies to: COMPLAINT SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE TOBY ROWELL and VICKIE ROWELL, his spouse Plaintiffs, vs. 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, CANVAS MW, LLC f/k/a THE MARLEY-WYLAIN COMPANY, LLC, CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, CLEAVER-BROOKS, INC. fik/a AQUA-CHEM, INC., CLYDE UNION INC. f/k/a UNION PUMP COMPANY, CUMMINS INC. f/k/a CUMMINS ENGINE COMPANY, INC., DCO LLC f/k/a DANA COMPANIES LLC, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL, 10 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING COMPANY EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY f/k/a NORTHERN FIRE APPARATUS COMPANY and COFFIN, FOSTER WHEELER LLC, GARDNER DENVER, INC., GENERAL ELECTRIC COMPANY, GOULDS PUMPS, INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION, GRINNELL LLC, HONEYWELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION, IMO INDUSTRIES INC. individually and as successor in interest to IMO DELAVAL, INSULATION DISTRIBUTORS, INC., ITT LLC 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., MADER CAPITAL, INC. individually and as successor in interest to THE MADER CORPORATION and ROCHESTER ACOUSTICAL CORP., MADER CONSTRUCTION CORPORATION individually and as successor to ROCHESTER ACOUSTICAL CORP., MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL CORP., MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG-WARNER CORPORATION, De 11 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 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., R.E. HEBERT AND COMPANY, INC., REDCO 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., SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC., SPX COOLING TECHNOLOGIES, INC. f/k/a MARLEY COOLING TECHNOLOGIES, INC. f/k/a THE MARLEY COOLING TOWER COMPANY STANDARD MOTOR PRODUCTS, INC., TDY INDUSTRIES, INC. f/k/a TELEDYNE INDUSTRIES, INC. individually and as successor to FARRIS ENGINEERING, THE KRAISSL COMPANY, INC., THE MADER CORPORATION individually and as successor to ROCHESTER ACOUSTICAL CORP., THE WILLIAM POWELL COMPANY, 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, YORK INTERNATIONAL CORPORATION in its own right and as successor in interest to EVCON INDUSTRIES, INC. MONCRIEF FURNACE and COLEMAN FURNACE, 3) = 12 of 43 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 ZURN INDUSTRIES, LLC individually and as successor in interest to ERIE CITY IRON WORKERS CORPORATION, Defendants. The plaintiffs, TOBY ROWELL and VICKIE ROWELL, by their attorneys, LIPSITZ, PONTERIO & COMERFORD LLC, for their verified Complaint against each and every defendant allege: 1 That at all times hereinafter mentioned, the plaintiffs, TOBY ROWELL and VICKIE ROWELL, were and still are citizens of the State of New York and residents of the County of Monroe. ARTICLE 16 ALLEGATIONS 2. If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs assert that this action falls within one or more of the exceptions set forth in CPLR 1602 including, but not limited to, the exception for cases where a person is held liable for causing the claimant's injury by having acted with reckless disregard for the safety of others (CPLR 1602(7)); the exception for cases involving any person held liable for causing claimant's injury by having unlawfully released into the environment a substance hazardous to public health, safety or the environment (CPLR 1602(9)); the exception for any parties found to have acted knowingly or intentionally and in concert to cause the acts or failures upon which liability is based (CPLR 1602(11)); the exception based upon defendants! non-delegable duty to warn of the health hazards of asbestos (CPLR 1602(2)(iv)); the exception pertaining to claims against a defendant where the claimant has sustained a "grave injury" as defined in Section eleven of the Workers' Compensation Law to the extent of the equitable share of any person against whom the claimant is barred from asserting a cause of action because of the applicability of the Workers! Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a -4- 13 of 43 C| 2BG2221G80 E2024003399 FREER? MONROE COUNTY CLERK 02722727024" 02°4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 product liability action where the manufacturer of the product is not a party to the action and jurisdiction over the manufacturer could not with due diligence be obtained (CPLR 1602(10)). DEFENDANT ALLEGATIONS 3 That upon information and belief, at all times hereinafter mentioned, the defendant, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO PUMPS, INC., is a foreign business corporation authorized to do business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 4 That upon information and belief, at all times hereinafter mentioned, the defendant, ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP., was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 5 That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG INTERNATIONAL, INC., was and still is a foreign business corporation transacting business in the State of New York, with its principal place ofbusiness outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 6 That upon information and belief, at all times hereinafter mentioned, the defendant, ARMSTRONG PUMPS INC., was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. -5- 14 of 43 C| 2BG2221G80 E2024003399 FREER? MONROE COUNTY CLERK 02722727024" 02°4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 7 That upon information and belief, at all times hereinafter mentioned, the defendant, AURORA PUMP COMPANY, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. 8 That upon information and belief, at all times hereinafter mentioned, the defendant, CANVAS MW, LLC f/k/a THE MARLEY-WYLAIN COMPANY, LLC, was and still is a foreign corporation which transacted business in the State of New York, with its principal place of business outside the State of New York. Upon further information and belief, at all times hereinafter mentioned, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 9 That upon information and belief, at all times hereinafter mentioned, the defendant, CARRIER CORPORATION individually and as successor in interest to BRYANT HEATING & COOLING SYSTEMS, was and still is Delaware corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 10. That upon information and belief, at all times hereinafter mentioned, the defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., transacted business on a regular systematic basis throughout New York State. That upon information and belief, at all times material hereto, defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-CHEM, INC., mined, -6- 15 of 43 C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 manufactured, produced, sold and/or supplied asbestos and asbestos-containing products in its boilers, either directly or indirectly, to sites throughout New York State. ll. That upon information and belief, at all times hereinafter mentioned, the defendant, CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign business corporation unauthorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 12. That upon information and belief, at all times hereinafter mentioned, the defendant, CUMMINS INC. f/k/a CUMMINS ENGINE COMPANY, INC., was and still is a foreign business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products, and/or equipment containing the substance asbestos. 13. That upon information and belief, at all times hereinafter mentioned, the defendant, DCO LLC f/k/a DANA COMPANIES LLC, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products, and/or equipment containing the substance asbestos. 14. That upon information and belief, at all times hereinafter mentioned, the defendant, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times hereinafter mentioned, defendant, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, and/or its -7- 16 of 43 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 predecessor(s) in interest, under the name “BEAR,” MANUFACTURED AND SOLD BRAKE GRINDERS AND LATHES. 15. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, designed its brake grinders and lathes to be used with asbestos brakes that were the standard offering on the market including but not limited to the 1970s. 16. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, knew or should have known that the grinding of asbestos brakes created substantial exposure to asbestos dust from the normal and intended use of its grinders and lathes. 17. That upon information and belief, defendant, ENERPAC TOOL GROUP CORP. successor in interest to ACTUANT GROUP, knew or should have known of the dangers of asbestos exposure from use of its equipment and failed to warn foreseeable users, such as plaintiff, TOBY ROWELL, of the dangers from asbestos exposure. 18. That upon information and belief, at all times hereinafter mentioned, the defendant, FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as successor by merger to DURCO INTERNATIONAL, was and still is a domestic business corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 19, ‘That upon information and belief, at all times hereinafter mentioned, the defendant, FLOWSERVE US, INC. solely as successor to ROCK WELL MANUFACTURING COMPANY, EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and still is a foreign business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged -8- 17 of 43 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 in the manufacture, sale and distribution of materials and products containing the substance asbestos. 20. That upon information and belief, at all times hereinafter mentioned, the defendant, FMC CORPORATION individually and as successor to NORTHERN PUMP COMPANY f/k/a NORTHERN FIRE APPARATUS COMPANY and COFFIN, is a forcign business corporation authorized to do business in the State of New York, with its principal place of business outside the State of New York. Atall times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. AA. That upon information and belief, at all times hereinafter mentioned, the defendant, FOSTER WHEELER LLC, was a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 22. That upon information and belief, at all times hereinafter mentioned, the defendant, GARDNER DENVER, INC., is a foreign business corporation authorized to transact business in the State of New York with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 23. That upon information and belief, at all times hereinafter mentioned, the defendant, GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. oie 18 of 43 C| 2BG2221G80 E2024003399 FREER? MONROE COUNTY CLERK 02722727024" 02°4 PM) NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 24. That upon information and belief, at all times hereinafter mentioned, the defendant, GOULDS PUMPS INCORPORATED f/k/a GOULDS PUMPS MERGER CORPORATION, was and still is a foreign business corporation authorized to and transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 25. That upon information and belief, at all times hereinafter mentioned, the defendant, GRINNELL LLC, was and still is a foreign business corporation transacting business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials, products and/or equipment containing the substance asbestos. 26. That upon information and belief, at all times hereinafter mentioned, the defendant, HONEYWELL INTERNATIONAL INC. f/k/a ALLIEDSIGNAL, INC. and as successor in interest to THE BENDIX CORPORATION, is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 27. That upon information and belief, at all times hereinafter mentioned, the defendant, IMO INDUSTRIES INC., individually and as successor in interest to IMO DELAVAL, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 28. That upon information and belief, at all times hereinafter mentioned, the defendant, INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized and existing =10- 19 of 43 C| 2BG2221G80 E2024003399 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 29. That upon information and belief, at all times hereinafter mentioned, the defendant, ITT LLC f/k/a ITT INDUSTRIES, INC. individually and as successor to ITT FLUID PRODUCTS CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and ITT MARLOW, was and still is a foreign corporation authorized to do business within the State of New York with its principal place of business outside the State of New York. At all times relevant it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 30. That upon information and belief, at all times hereinafter mentioned, the defendant, KAISER GYPSUM COMPANY, INC., was and still is a foreign business corporation authorized to transact business in the State of New York, with its principal place of business outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials and products containing the substance asbestos. 31. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER CAPITAL, INC. individually and as successor in interest to THE MADER CORPORATION and ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under any by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos, 32. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER CONSTRUCTION CORPORATION. individually and as successor to ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. -ll- 20 of 43 C| 2BG2221G80 E2024003399 FLEER2= MONROE COUNTY CLERK O02/2279024" 62°14 PM NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 02/22/2024 33. That upon information and belief, at all times hereinafter mentioned, the defendant, MADER PLASTERING CORP. individually and as successor to ROCHESTER ACOUSTICAL CORP., was and still is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in the sale and distribution of materials and products containing the substance asbestos. 34, That upon information and belief, at all times hereinafter mentioned, the defendant, MORSE TEC LLC f/k/a BORGWARNER MORSE TEC LLC as successor-by-merger to BORG- WARNER CORPORATION, is a foreign business corporation with its principal place of business outside the State of New York. At all times relevant, it has transacted business in the State of New York and has engaged in the manufacture and sale of friction materials and products containing the substance asbestos. 35. That upon information and belief, at all times hereinafter mentioned,