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FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt #
Book Page
Return To: No. Pages: 61
SETH A. DYMOND
Belluck & Fox LLP Instrument: EFILING INDEX NUMBER
546 Fifth Avenue, 5th Floor
New York, NY 10036 Control #: Unrecorded #9855005
Index #: Unassigned-1612332
Date:
PIEKUNKA, JEAN NANCY Time:
PIEKUNKA, RONALD
ADSCO MANUFACTURING CORP.,
AIR & LIQUID SYSTEMS CORPORATION,
ALRAY CONSTRUCTION CORP.,
ATWOOD & MORRILL CO., INC
AVON PRODUCTS, 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
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Index No. :
JEAN NANCY PIEKUNKA and RONALD
PIEKUNKA, Date Filed:
Plaintiffs, Plaintiff designates
MONROE
v. County as the place of trial
ADSCO MANUFACTURING CORP., Individually The basis of the venue is
and as Successor to Farrar and Trefts, et al., DEFENDANTS’ PLACE OF
BUSINESS
Defendants.
See Attached Rider - FULL CAPTION SUMMONS
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 Plaintiff’s Attorney 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). In the case of your failure to
appear or answer, judgment will be taken against you by default for the relief demanded in the
complaint.
Dated: New York, New York Yours etc.,
June 12, 2024
BELLUCK & FOX, LLP
Attorneys for Plaintiff
546 Fifth Avenue, 5th Floor
New York, New York 10036
(212) 681-1575
By:/s/ Seth Dymond, Esq.
Seth Dymond, Esq.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
Index No. :
JEAN NANCY PIEKUNKA and RONALD
PIEKUNKA, FULL CAPTION RIDER
Plaintiffs,
- against -
ADSCO MANUFACTURING CORP., Individually
and as Successor to Farrar and Trefts;
AIR & LIQUID SYSTEMS CORPORATION, as
Successor by Merger to Buffalo Pumps, Inc.;
ALRAY CONSTRUCTION CORP., Individually
and as Successor to R.E. Hebert and Company,
Inc.;
ATWOOD & MORRILL CO., INC. d/b/a Weir Valves
& Controls USA Inc.;
AVON PRODUCTS INC.;
BAXTER HEALTHCARE CORPORATION,
Individually and as Successor-in-Interest to
American Hospital Supply Corp. and American
Scientific Products;
BAXTER INTERNATIONAL, INC., Individually and
as Successor-In-Interest to American Hospital
Supply Corporation and American Scientific
products;
BLACKMER PUMP;
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;
CLARK-RELIANCE CORPORATION, Individually
and as Successor to Jerguson;
CLEAVER-BROOKS COMPANY f/k/a Aqua-
Chem, Inc.;
COPES-VULCAN, INC.;
DAP, INC., k/n/a La Mirada Products Co., Inc.;
DAVIS-FETCH & CO., INC.;
DAVIS-FETCH ACOUSTICAL CORP.;
DEAN PUMP DIVISION;
DENTSPLY INTERNATIONAL INC;
ELECTROLUX HOME PRODUCTS, INC.,
Individually and as Successor to Tappan and
Copes-Vulcan and Blaw-Knox Company;
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ELMER W. DAVIS, INC.;
FISHER SCIENTIFIC INTERNATIONAL,INC;
FLOWSERVE CORPORATION, Individually, and as
successor by merger to Durco International,
previously known as the Duriron 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;
GENUINE PARTS COMPANY;
GOULDS PUMPS INC.;
GRINNELL CORPORATION;
HANSEN PERMANENTE CEMENT, INC.;
HENRY SCHEIN,INC., Individually and as Successor
by merger to Schein Holding, Inc;
HONEYWELL INTERNATIONAL, INC.,
Individually and f/k/a Alliedsignal, Inc., and as
Successor-in-interest to the Bendix Corp.;
I.T.T. INDUSTRIES, INC., Individually and as
successor to Bell & Gossett;
INSULATION DISTRIBUTORS, INC.;
KAISER GYPSUM COMPANY, INC.;
KERR CORPORATION;
LACO SALES INC., Individually and as Successor
to Laco Applicators and Laco Roofing and
Asbestos Company, Inc.;
MADER CAPITAL, INC., Individually and as
successor in interest to The Mader Corporation
and Rochester Acoustical;
MADER CONSTRUCTION CORPORATION,
Individually and as successor to Rochester
Acoustical;
MADER CORPORATION, Individually and as
successor to Rochester Acoustical;
MADER PLASTERING CORP.;
MADER SERVICE, Individually and as successor to
Rochester Acoustical;
METROPOLITAN LIFE INSURANCE COMPANY;
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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;
R.E. HEBERT AND COMPANY, INC.;
RANSOM & RANDOLPH COMPANY.a/k/a Ransom
& Randolph A.DIV. of Dentsply International;
REDCO CORP., f/k/a Crane Co.;
ROCHESTER DAVIS-FETCH CORP.;
ROCHESTER INDUSTRIAL INSULATIONS INC;
ROPER INDUSTRIES, INC., a Florida
Corporation;
SPENCE ENGINEERING COMPANY, INC.;
UNION CARBIDE CORPORATION;
VELAN VALVE CORP.;
VWR INTERNATIONAL LLC;
WARREN PUMPS, LLC, Individually and as
Successor to The Quimby Pump Company;
WEIL McLAIN, a division of Marley Wylain
Company;
WILLIAM POWELL COMPANY (THE);
WILLIAM SUMMERHAYS' SONS CORPORATION;
ZURN INDUSTRIES, INC. a/k/a and Successor-in-
Interest to Erie City Iron Works.
Defendants.
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Defendants’ addresses:
DEFENDANT ADDRESS LIST
DEFENDANTS SERVICE
ADSCO MANUFACTURING CORP., Individually and as c/o Secretary of State
Successor to Farrar and Trefts Albany, New York 12207
4979 Lake Avenue
Buffalo, New York 14219
AIR & LIQUID SYSTEMS CORPORATION, as Successor DIRECT
by Merger to Buffalo Pumps, Inc.
726 Bell Avenue, Suite 302
Carnegie, Pennsylvania, 15106
ALRAY CONSTRUCTION CORP., Individually and as c/o Mark S. Nemeth, Esq.
Successor to R.E. Hebert and Company, Inc. Hurwitz Fine PC
Hebert Construction Corp. The Liberty Building
271 Hollenbeck St. 424 Main Street, Suite 1300
Rochester, New York 14621 Buffalo, NY 14202
ATWOOD & MORRILL CO., INC. d/b/a Weir Valves & CT Corporation System
Controls USA Inc. 55 Federal St, Ste 700
c/o Weir Valves & Controls Usa Inc. Boston, MA 02110
29 Old Right Road
Ipswich, Massachusetts 01938
AVON PRODUCTS, INC. c/o Corporate Trust Systems
1 Avon Place 28 Liberty Street
Suffern, New York, 10901 New York, New York
BAXTER HEALTHCARE CORPORATION, Individually DIRECT
and as Successor-in-Interest to American Hospital Supply
Corp. and American Scientific Products
One Baxter Parkway
Deerfield, Illinois 60015-4625
BAXTER INTERNATIONAL, INC., Individually and as c/o The Corporation Trust Company
Successor-in-Interest to American Hospital Supply 1209 North Orange Street
Corporation and American Scientific Products Wilmington, Delaware 19801
BLACKMER PUMP DIRECT
1809 Century Avenue SW
Grand Rapids, Michigan 49503-1530
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BW/IP INTERNATIONAL CO., formerly known as Borg DIRECT
Warner Industrial Products Inc., a former subsidiary of and
successor to Borg Warner Corp. and Byron Jackson Pumps
BW/IP International Inc.
Flowserve World Headquarters
5215 N. O'Connor Blvd., Suite 2300
Irving, Texas 75039
CARRIER CORPORATION c/o United Agent Group Inc.
13995 Pasteur Blvd 600 Mamaroneck Avenue, #400
Palm Beach Gardens, FL 33418 Harrison, NY 10528
CLARK-RELIANCE CORPORATION, Individually and as DIRECT
Successor to Jerguson
16633 Foltz Parkway
Strongsville, Ohio 44149
CLEAVER-BROOKS COMPANY f/k/a Aqua-Chem, Inc. DIRECT
11270 W. Park Place, Floor 4
Milwaukee, WI 53224
COPES-VULCAN, INC. DIRECT
5620 West Road
McKean, PA 16426
DAP, INC. k/n/a La Mirada Products Co., Inc. DIRECT
2400 Boston Street, Suite 200
Baltimore, Maryland 21224
DAVIS-FETCH & CO., INC. c/o Secretary of State
180 Sweeney Street Albany, New York 12207
North Tonawanda, New York 14120
DAVIS-FETCH ACOUSTICAL CORP. c/o Secretary of State
9288 River Road Albany, New York 12207
Phoenix, New York 13135
AND
c/o Albert J. Racette Jr.
8964 Province Street
Sarasota, FL 34240
DEAN PUMP DIVISION DIRECT
6040 Guion Road
Indianapolis, Indiana 46254
DENTSPLY INTERNATIONAL INC., Individually and as United Agent Group, Inc.
Successor to Ransom & Randolph Company 1001 State Street #1400
Susquehanna Commerce Center Erie, Pennsylvania, PA 16501
221 W. Philadelphia Street
York, Pennsylvania 17405-0872
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ELECTROLUX HOME PRODUCTS, INC., Individually c/o Corporate Trust Systems
and as Successor to Tappan and Copes-Vulcan and Blaw- 28 Liberty Street
Knox Company New York, New York
10200 David Taylor Drive
Charlotte NC 28262
ELMER W. DAVIS, INC. c/o Secretary of State
1217 Clifford Avenue Albany, New York 12207
Rochester, New York 14621-5620
Attention: Jeffery A. Davis
FISHER SCIENTIFIC INTERNATIONAL, INC. DIRECT
300 Industry Drive
Pittsburgh, Pennsylvania 15275
FLOWSERVE CORPORATION, Individually, and as c/o Corporate Trust Systems
successor by merger to Durco International, previously 28 Liberty Street
known as the Duriron Company New York, New York
Flowserve Corporation
General Counsel
5215 North O’Connor Blvd, Ste 2300
Irving, Texas 75039
FLOWSERVE US, INC., solely as Successor to Rockwell c/o Corporate Trust Systems
Manufacturing Company, Edward Valves, Inc., Nordstrom 28 Liberty Street
Valves, Inc. and Edward Vogt Valve Company New York, New York
Flowserve Corporation
General Counsel
5215 North O’Connor Blvd, Ste 2300
Irving, Texas 75039
FMC CORPORATION, Individually and as Successor to c/o Corporate Trust Systems
Northern Pump Company, Coffin and Peerless Pump 28 Liberty Street
Company New York, New York
FMC Tower at Cira Centre South
2929 Walnut Street
Philadelphia, Pennsylvania 19104
GARDNER-DENVER, INC., Individually and as Successor Registered Agent:
to Nash Engineering Company c/o CT Corporation System
1800 Gardner Expressway 208 South LaSalle Street
Quincy, Illinois 62301 Chicago, Illinois 60604
GARDNER-DENVER NASH, LLC, Individually and as Registered Agent:
Successor to Nash Engineering Company c/o CT Corporation System
2 Trefoil Drive 67 Burnside Avenue
Trumbull, CT 06611 East Hartford, CT 06108
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GENERAL ELECTRIC COMPANY EMAIL =
3135 Easton Turnpike
Fairfield, Connecticut 06432
GOULDS PUMPS, INC. DIRECT
ITT-Goulds Pumps Headquarters
240 Fall Street
Seneca Falls, NY 13148
GRINNELL CORPORATION DIRECT – CERTIFIED MAIL RRR
3 Tyco Park Brady Edwards, Esq.
Exeter, New Hampshire 03833 Morgan, Lewis & Bockius LLP
1000 Louisiana St., Suite 4200
Houston, Texas 77002-5006
HANSEN PERMANENTE CEMENT, INC. Registered Agent
Corporation Service Company
8825 N. 23rd Avenue, Suite 100
Phoenix, AZ 85021
HENRY SCHEIN, INC., Individually and as Successor By c/o Corporation Service Company
Merger to Schein Holding, Inc. 80 State Street
Albany, New York 12207-2543
HONEYWELL INTERNATIONAL, INC., Individually and c/o Corporation Service Company
f/k/a Alliedsignal, Inc., and as Successor-in-interest to the 80 State Street
Bendix Corp. Albany, New York 12207-2543
115 Tabor Road
Morris Plains, New Jersey 07950
I.T.T. INDUSTRIES, INC., Individually and as successor to c/o IntelCo Management, Inc.
Bell & Gossett Tara Solanki, Paralegal
187 Danbury Road, Suite 2D
Wilton, CT 06897
INSULATION DISTRIBUTORS, INC. DIRECT – CERTIFIED MAIL RRR
356 Hertel Avenue Carol G. Snider, Esq.
Buffalo, New York 14207 Barclay Damon LLP
200 Delaware Avenue, Suite 1200
Buffalo, NY 14202
KAISER GYPSUM COMPANY, INC. Registered Agent
Corporation Service Company
2626 Glenwood Avenue, Suite 550
Raleigh, NC 27608
KERR CORPORATION DIRECT
1717 West Collins Avenue
Orange, California 92867
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LACO SALES INC., Individually and as Successor to Laco c/o Secretary of State
Applicators and Laco Roofing and Asbestos Company, Inc. Albany, New York 12207
421 West Main Street
Falconer, New York 14733
MADER CAPITAL, INC., Individually and as successor in DIRECT – CERTIFIED MAIL RRR
interest to The Mader Corporation and Rochester Acoustical Mark S. Nemeth, Esq.
Hurwitz Fine PC
The Liberty Building
424 Main Street, Suite 1300
Buffalo, NY 14202
MADER CONSTRUCTION CORPORATION, Individually DIRECT – CERTIFIED MAIL RRR
and as successor to Rochester Acoustical Mark S. Nemeth, Esq.
James Biddle Sr. Hurwitz Fine PC
970 Bullis Road The Liberty Building
P.O. Box 420 424 Main Street, Suite 1300
Elma, New York, 14059-0420 Buffalo, NY 14202
MADER CORPORATION, Individually and as successor to DIRECT – CERTIFIED MAIL RRR
Rochester Acoustical Mark S. Nemeth, Esq.
James Biddle Sr. Hurwitz Fine PC
970 Bullis Road The Liberty Building
P.O. Box 420 424 Main Street, Suite 1300
Elma, New York, 14059-0420 Buffalo, NY 14202
MADER PLASTERING CORP. DIRECT – CERTIFIED MAIL RRR
609 Indian Church Road Mark S. Nemeth, Esq.
West Seneca, New York 14224 Hurwitz Fine PC
The Liberty Building
424 Main Street, Suite 1300
Buffalo, NY 14202
MADER SERVICE, Individually and as successor to DIRECT – CERTIFIED MAIL RRR
Rochester Acoustical Mark S. Nemeth, Esq.
James Biddle Sr. Hurwitz Fine PC
970 Bullis Road The Liberty Building
P.O. Box 420 424 Main Street, Suite 1300
Elma, New York, 14059-0420 Buffalo, NY 14202
METROPOLITAN LIFE INSURANCE COMPANY c/o Corporate Trust Systems
200 Park Avenue 28 Liberty Street
New York, New York 10166 New York, New York
NELES-JAMESBURY, INC. The Corporation Trust Company
640 Lincoln Street 1209 Orange Street
P.O. Box 15004 Wilmington, DE 19801
Worcester, Massachusetts 01615
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PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a CBS c/o Corporation Service Company
Corporation, a Delaware corporation, f/k/a/ Viacom Inc., 80 State Street
successor by merger to CBS Corporation, a Pennsylvania Albany, New York 12207
corporation, f/k/a Westinghouse Electric Corporation
R.E. HEBERT AND COMPANY, INC. c/o Nicole A. Heary, Esq.
275 McKee Road Feldman, Kieffer & Herman, LLP
Rochester, New York 14611 The Dun Building
110 Pearl Street -Suite 400
Buffalo, New York 14202
RANSOM & RANDOLPH COMPANY a/k/a Ransom & United Agent Group, Inc.
Randolph A Divison of Dentsply International 1001 State Street #1400
221 West Philadelphia Street Erie, Pennsylvania, PA 16501
York, PA 17405
REDCO CORP. f/k/a Crane Co. Registered Agent
Redco Corporation The Corporation Trust Company
1000 N. West Street, Suite 1200 1209 Orange Street
Wilmington, Delaware 19801 Wilmington, Delaware 19801
ROCHESTER DAVIS-FETCH CORP. c/o Secretary of State
175 Dodge Street Albany, New York 12207
Rochester, New York 14606-1503
ROCHESTER INDUSTRIAL INSULATIONS INC. DIRECT – CERTIFIED MAIL RRR
Ronald G. Hull or Paul V. Nunes
Heisman Nunes & Hull LLP
1630 Empire Blvd, Suite 3B
Webster, NY 14580
ROPER INDUSTRIES, INC., a Florida Corporation United Agent Group Inc.
6901 Professional Parkway East, Suite 200 801 US Highway 1
Sarasota, Florida 34240 North Palm Beach, FL 33408
SPENCE ENGINEERING COMPANY, INC. Corporation Service Company
80 State Street
Albany, NY 12207-2543
UNION CARBIDE CORPORATION c/o Corporate Trust Systems
Registered Agent: 28 Liberty Street
CT Corporation System New York, New York
208 South Lasalle Street
Chicago, Illinois 60604
VELAN VALVE CORP. c/o Corporation Service Company
94 Avenue C 80 State Street
Williston, Vermont 05495-9732 Albany, New York 12207-2543
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VWR INTERNATIONAL LLC Corporation Service Company
100 Matsonford Road 251 Little Falls Drive
Wayne, Pennsylvania 19087 Wilmington, DE 19808
WARREN PUMPS LLC, Individually and as Successor to c/o The Corporation Trust Company
The Quimby Pump Company 1209 North Orange Street
82 Bridges Avenue Wilmington, Delaware 19801
Warren, Massachusetts 01083-0969
WEIL McLAIN, A Division of Marley-Wylain Company Registered Agent:
6325 Ardrey Kell Road, Suite 400 c/o Corporation Trust Company
Charlotte, N.C. 28277 1209 North Orange Street
Wilmington, Delaware 19801
WILLIAM POWELL COMPANY (THE) DIRECT
3261 Spring Grove Ave.
Cincinnati, OH 45225
WILLIAM SUMMERHAYS' SONS CORPORATION c/o Secretary of State
620 Clinton Avenue South Albany, New York 12207
Rochester, New York 14620
ZURN INDUSTRIES, INC. a/k/a and Successor-in-Interest c/o Corporate Trust Systems
to Erie City Iron Works 28 Liberty Street
1801 Pittsburgh Avenue New York, New York
Erie, Pennsylvania 16510
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF
Index No. :
JEAN NANCY PIEKUNKA and RONALD
PIEKUNKA, VERIFIED COMPLAINT
Plaintiffs,
- against -
ADSCO MANUFACTURING CORP., Individually
and as Successor to Farrar and Trefts;
AIR & LIQUID SYSTEMS CORPORATION, as
Successor by Merger to Buffalo Pumps, Inc.;
ALRAY CONSTRUCTION CORP., Individually
and as Successor to R.E. Hebert and Company,
Inc.;
ATWOOD & MORRILL CO., INC. d/b/a Weir Valves
& Controls USA Inc.;
AVON PRODUCTS INC.;
BAXTER HEALTHCARE CORPORATION,
Individually and as Successor-in-Interest to
American Hospital Supply Corp. and American
Scientific Products;
BAXTER INTERNATIONAL, INC., Individually and
as Successor-In-Interest to American Hospital
Supply Corporation and American Scientific
products;
BLACKMER PUMP;
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;
CLARK-RELIANCE CORPORATION, Individually
and as Successor to Jerguson;
CLEAVER-BROOKS COMPANY f/k/a Aqua-
Chem, Inc.;
COPES-VULCAN, INC.;
DAP, INC., k/n/a La Mirada Products Co., Inc.;
DAVIS-FETCH & CO., INC.;
DAVIS-FETCH ACOUSTICAL CORP.;
DEAN PUMP DIVISION;
DENTSPLY INTERNATIONAL INC;
ELECTROLUX HOME PRODUCTS, INC.,
Individually and as Successor to Tappan and
Copes-Vulcan and Blaw-Knox Company;
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ELMER W. DAVIS, INC.;
FISHER SCIENTIFIC INTERNATIONAL,INC;
FLOWSERVE CORPORATION, Individually, and as
successor by merger to Durco International,
previously known as the Duriron 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;
GENUINE PARTS COMPANY;
GOULDS PUMPS INC.;
GRINNELL CORPORATION;
HANSEN PERMANENTE CEMENT, INC.;
HENRY SCHEIN,INC., Individually and as Successor
by merger to Schein Holding, Inc;
HONEYWELL INTERNATIONAL, INC.,
Individually and f/k/a Alliedsignal, Inc., and as
Successor-in-interest to the Bendix Corp.;
I.T.T. INDUSTRIES, INC., Individually and as
successor to Bell & Gossett;
INSULATION DISTRIBUTORS, INC.;
KAISER GYPSUM COMPANY, INC.;
KERR CORPORATION;
LACO SALES INC., Individually and as Successor
to Laco Applicators and Laco Roofing and
Asbestos Company, Inc.;
MADER CAPITAL, INC., Individually and as
successor in interest to The Mader Corporation
and Rochester Acoustical;
MADER CONSTRUCTION CORPORATION,
Individually and as successor to Rochester
Acoustical;
MADER CORPORATION, Individually and as
successor to Rochester Acoustical;
MADER PLASTERING CORP.;
MADER SERVICE, Individually and as successor to
Rochester Acoustical;
METROPOLITAN LIFE INSURANCE COMPANY;
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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;
R.E. HEBERT AND COMPANY, INC.;
RANSOM & RANDOLPH COMPANY.a/k/a Ransom
& Randolph A.DIV. of Dentsply International;
REDCO CORP., f/k/a Crane Co.;
ROCHESTER DAVIS-FETCH CORP.;
ROCHESTER INDUSTRIAL INSULATIONS INC;
ROPER INDUSTRIES, INC., a Florida
Corporation;
SPENCE ENGINEERING COMPANY, INC.;
UNION CARBIDE CORPORATION;
VELAN VALVE CORP.;
VWR INTERNATIONAL LLC;
WARREN PUMPS, LLC, Individually and as
Successor to The Quimby Pump Company;
WEIL McLAIN, a division of Marley Wylain
Company;
WILLIAM POWELL COMPANY (THE);
WILLIAM SUMMERHAYS' SONS CORPORATION;
ZURN INDUSTRIES, INC. a/k/a and Successor-in-
Interest to Erie City Iron Works.
Defendants.
Plaintiffs by their attorneys, BELLUCK & FOX LLP, upon information and belief, at all
times hereinafter mentioned allege as follows:
THE PARTIES
1. Plaintiffs are residents of the State of California unless otherwise specified in
individual complaints.
2. Plaintiffs allege that plaintiff, JEAN NANCY PIEKUNKA has been diagnosed
with Mesothelioma as a result of her exposure to asbestos.
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3. At this time, Plaintiffs are alleging that there is no Post-1980 exposure, but should
evidence be produced to the contrary, the evidence controls over this preliminary allegation, and
this allegation is presumptively modified to conform to the evidence.
4. The term “Defendants” shall apply to all corporate and business entities, and/or
their predecessors and/or successors in interest as more fully described and enumerated in the
captions of individual complaints subsequently filed in the "short form" in accordance with the
applicable case management order of this Court.
5. The Defendants have done business in this State, have conducted or transacted
business in this State, have committed one or more tortious acts within this state, or have
otherwise performed acts within and/or without this State giving rise to injuries and losses within
this State, which acts subject each Defendant to the jurisdiction of the Courts of this State.
6. Defendant ADSCO MANUFACTURING CORP., Individually and as
Successor to Farrar and Trefts was and is a duly organized domestic corporation doing
business and/or transacting business in the State of New York and/or should have expected its
acts to have consequences within 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.
7. Defendant AIR & LIQUID SYSTEMS CORPORATION, as Successor by
Merger to Buffalo Pumps, Inc. was and is a duly organized foreign corporation doing business
and/or transacting business in the State of New York and/or should have expected its acts to have
consequences within 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.
8. Defendant ALRAY CONSTRUCTION CORP., Individually and as Successor
to R.E. Hebert and Company, Inc. was and is a duly organized foreign and/or domestic
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corporation doing business and/or transacting business in the State of New York and/or should
have expected its acts to have consequences within 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.
9. Defendant ATWOOD & MORRILL CO., INC., d/b/a Weir Valves &
Controls USA Inc. was and is a duly organized foreign and/or domestic corporation doing
business and/or transacting business in the State of New York and/or should have expected its
acts to have consequences within 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.
10. Defendant AVON PRODUCTS INC. was and is a duly organized foreign and/or
domestic corporation doing business and/or transacting business in the State of New York and/or
should have expected its acts to have consequences within 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.
11. Defendant BAXTER HEALTHCARE CORPORATION, Individually and as
Successor-in-Interest to American Hospital Supply Corp. and American Scientific Products
was and is a duly organized foreign and/or domestic corporation doing business and/or
transacting business in the State of New York and/or should have expected its acts to have
consequences within 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.
12. Defendant BAXTER INTERNATIONAL, INC., Individually and as
Successor-in-Interest to American Hospital Supply Corporation and American Scientific
products was and is a duly organized foreign and/or domestic corporation doing business and/or
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transacting business in the State of New York and/or should have expected its acts to have
consequences within 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.
13. Defendant BLACKMER PUMP was and is a duly organized foreign and/or
domestic corporation doing business and/or transacting business in the State of New York and/or
should have expected its acts to have consequences within 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.
14. Defendant 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 was and is a duly organized foreign and/or domestic corporation doing
business and/or transacting business in the State of New York and/or should have expected its
acts to have consequences within 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.
15. Defendant CARRIER CORPORATION was and is a duly organized foreign
and/or domestic corporation doing business and/or transacting business in the State of New York
and/or should have expected its acts to have consequences within 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.
16. Defendant CLARK-RELIANCE CORPORATION, Individually and as
Successor to Jerguson was and is a duly organized foreign corporation doing business and/or
transacting business in the State of New York and/or should have expected its acts to have
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consequences within 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.
17. Defendant CLEAVER-BROOKS COMPANY f/k/a Aqua-Chem, Inc. was and
is a duly organized foreign and/or domestic corporation doing business and/or transacting
business in the State of New York and/or should have expected its acts to have consequences
within 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.
18. Defendant COPES-VULCAN, INC. was and is a duly organized foreign and/or
domestic corporation doing business and/or transacting business in the State of New York and/or
should have expected its acts to have consequences within 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. Defendant DAP, INC., k/n/a La Mirada Products Co., Inc. was and is a duly
organized foreign and/or domestic corporation doing business and/or transacting business in the
State of New York and/or should have expected its acts to have consequences within 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.
20. Defendant DAVIS-FETCH & CO., INC. was and is a duly organized foreign
and/or domestic corporation doing business and/or transacting business in the State of New York
and/or should have expected its acts to have consequences within 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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FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # Book Page Return To: No. Pages: 61 SETH A. DYMOND Belluck & Fox LLP Instrument: EFILING INDEX NUMBER 546 Fifth Avenue, 5th Floor New York, NY 10036 Control #: Unrecorded #9855005 Index #: Unassigned-1612332 Date: PIEKUNKA, JEAN NANCY Time: PIEKUNKA, RONALD ADSCO MANUFACTURING CORP., AIR & LIQUID SYSTEMS CORPORATION, ALRAY CONSTRUCTION CORP., ATWOOD & MORRILL CO., INC AVON PRODUCTS, 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 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Index No. : JEAN NANCY PIEKUNKA and RONALD PIEKUNKA, Date Filed: Plaintiffs, Plaintiff designates MONROE v. County as the place of trial ADSCO MANUFACTURING CORP., Individually The basis of the venue is and as Successor to Farrar and Trefts, et al., DEFENDANTS’ PLACE OF BUSINESS Defendants. See Attached Rider - FULL CAPTION SUMMONS 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 Plaintiff’s Attorney 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). In the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: New York, New York Yours etc., June 12, 2024 BELLUCK & FOX, LLP Attorneys for Plaintiff 546 Fifth Avenue, 5th Floor New York, New York 10036 (212) 681-1575 By:/s/ Seth Dymond, Esq. Seth Dymond, Esq. 2 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONROE Index No. : JEAN NANCY PIEKUNKA and RONALD PIEKUNKA, FULL CAPTION RIDER Plaintiffs, - against - ADSCO MANUFACTURING CORP., Individually and as Successor to Farrar and Trefts; AIR & LIQUID SYSTEMS CORPORATION, as Successor by Merger to Buffalo Pumps, Inc.; ALRAY CONSTRUCTION CORP., Individually and as Successor to R.E. Hebert and Company, Inc.; ATWOOD & MORRILL CO., INC. d/b/a Weir Valves & Controls USA Inc.; AVON PRODUCTS INC.; BAXTER HEALTHCARE CORPORATION, Individually and as Successor-in-Interest to American Hospital Supply Corp. and American Scientific Products; BAXTER INTERNATIONAL, INC., Individually and as Successor-In-Interest to American Hospital Supply Corporation and American Scientific products; BLACKMER PUMP; 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; CLARK-RELIANCE CORPORATION, Individually and as Successor to Jerguson; CLEAVER-BROOKS COMPANY f/k/a Aqua- Chem, Inc.; COPES-VULCAN, INC.; DAP, INC., k/n/a La Mirada Products Co., Inc.; DAVIS-FETCH & CO., INC.; DAVIS-FETCH ACOUSTICAL CORP.; DEAN PUMP DIVISION; DENTSPLY INTERNATIONAL INC; ELECTROLUX HOME PRODUCTS, INC., Individually and as Successor to Tappan and Copes-Vulcan and Blaw-Knox Company; -2- 3 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 ELMER W. DAVIS, INC.; FISHER SCIENTIFIC INTERNATIONAL,INC; FLOWSERVE CORPORATION, Individually, and as successor by merger to Durco International, previously known as the Duriron 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; GENUINE PARTS COMPANY; GOULDS PUMPS INC.; GRINNELL CORPORATION; HANSEN PERMANENTE CEMENT, INC.; HENRY SCHEIN,INC., Individually and as Successor by merger to Schein Holding, Inc; HONEYWELL INTERNATIONAL, INC., Individually and f/k/a Alliedsignal, Inc., and as Successor-in-interest to the Bendix Corp.; I.T.T. INDUSTRIES, INC., Individually and as successor to Bell & Gossett; INSULATION DISTRIBUTORS, INC.; KAISER GYPSUM COMPANY, INC.; KERR CORPORATION; LACO SALES INC., Individually and as Successor to Laco Applicators and Laco Roofing and Asbestos Company, Inc.; MADER CAPITAL, INC., Individually and as successor in interest to The Mader Corporation and Rochester Acoustical; MADER CONSTRUCTION CORPORATION, Individually and as successor to Rochester Acoustical; MADER CORPORATION, Individually and as successor to Rochester Acoustical; MADER PLASTERING CORP.; MADER SERVICE, Individually and as successor to Rochester Acoustical; METROPOLITAN LIFE INSURANCE COMPANY; -3- 4 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 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; R.E. HEBERT AND COMPANY, INC.; RANSOM & RANDOLPH COMPANY.a/k/a Ransom & Randolph A.DIV. of Dentsply International; REDCO CORP., f/k/a Crane Co.; ROCHESTER DAVIS-FETCH CORP.; ROCHESTER INDUSTRIAL INSULATIONS INC; ROPER INDUSTRIES, INC., a Florida Corporation; SPENCE ENGINEERING COMPANY, INC.; UNION CARBIDE CORPORATION; VELAN VALVE CORP.; VWR INTERNATIONAL LLC; WARREN PUMPS, LLC, Individually and as Successor to The Quimby Pump Company; WEIL McLAIN, a division of Marley Wylain Company; WILLIAM POWELL COMPANY (THE); WILLIAM SUMMERHAYS' SONS CORPORATION; ZURN INDUSTRIES, INC. a/k/a and Successor-in- Interest to Erie City Iron Works. Defendants. -4- 5 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 Defendants’ addresses: DEFENDANT ADDRESS LIST DEFENDANTS SERVICE ADSCO MANUFACTURING CORP., Individually and as c/o Secretary of State Successor to Farrar and Trefts Albany, New York 12207 4979 Lake Avenue Buffalo, New York 14219 AIR & LIQUID SYSTEMS CORPORATION, as Successor DIRECT by Merger to Buffalo Pumps, Inc. 726 Bell Avenue, Suite 302 Carnegie, Pennsylvania, 15106 ALRAY CONSTRUCTION CORP., Individually and as c/o Mark S. Nemeth, Esq. Successor to R.E. Hebert and Company, Inc. Hurwitz Fine PC Hebert Construction Corp. The Liberty Building 271 Hollenbeck St. 424 Main Street, Suite 1300 Rochester, New York 14621 Buffalo, NY 14202 ATWOOD & MORRILL CO., INC. d/b/a Weir Valves & CT Corporation System Controls USA Inc. 55 Federal St, Ste 700 c/o Weir Valves & Controls Usa Inc. Boston, MA 02110 29 Old Right Road Ipswich, Massachusetts 01938 AVON PRODUCTS, INC. c/o Corporate Trust Systems 1 Avon Place 28 Liberty Street Suffern, New York, 10901 New York, New York BAXTER HEALTHCARE CORPORATION, Individually DIRECT and as Successor-in-Interest to American Hospital Supply Corp. and American Scientific Products One Baxter Parkway Deerfield, Illinois 60015-4625 BAXTER INTERNATIONAL, INC., Individually and as c/o The Corporation Trust Company Successor-in-Interest to American Hospital Supply 1209 North Orange Street Corporation and American Scientific Products Wilmington, Delaware 19801 BLACKMER PUMP DIRECT 1809 Century Avenue SW Grand Rapids, Michigan 49503-1530 -5- 6 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 BW/IP INTERNATIONAL CO., formerly known as Borg DIRECT Warner Industrial Products Inc., a former subsidiary of and successor to Borg Warner Corp. and Byron Jackson Pumps BW/IP International Inc. Flowserve World Headquarters 5215 N. O'Connor Blvd., Suite 2300 Irving, Texas 75039 CARRIER CORPORATION c/o United Agent Group Inc. 13995 Pasteur Blvd 600 Mamaroneck Avenue, #400 Palm Beach Gardens, FL 33418 Harrison, NY 10528 CLARK-RELIANCE CORPORATION, Individually and as DIRECT Successor to Jerguson 16633 Foltz Parkway Strongsville, Ohio 44149 CLEAVER-BROOKS COMPANY f/k/a Aqua-Chem, Inc. DIRECT 11270 W. Park Place, Floor 4 Milwaukee, WI 53224 COPES-VULCAN, INC. DIRECT 5620 West Road McKean, PA 16426 DAP, INC. k/n/a La Mirada Products Co., Inc. DIRECT 2400 Boston Street, Suite 200 Baltimore, Maryland 21224 DAVIS-FETCH & CO., INC. c/o Secretary of State 180 Sweeney Street Albany, New York 12207 North Tonawanda, New York 14120 DAVIS-FETCH ACOUSTICAL CORP. c/o Secretary of State 9288 River Road Albany, New York 12207 Phoenix, New York 13135 AND c/o Albert J. Racette Jr. 8964 Province Street Sarasota, FL 34240 DEAN PUMP DIVISION DIRECT 6040 Guion Road Indianapolis, Indiana 46254 DENTSPLY INTERNATIONAL INC., Individually and as United Agent Group, Inc. Successor to Ransom & Randolph Company 1001 State Street #1400 Susquehanna Commerce Center Erie, Pennsylvania, PA 16501 221 W. Philadelphia Street York, Pennsylvania 17405-0872 -6- 7 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 ELECTROLUX HOME PRODUCTS, INC., Individually c/o Corporate Trust Systems and as Successor to Tappan and Copes-Vulcan and Blaw- 28 Liberty Street Knox Company New York, New York 10200 David Taylor Drive Charlotte NC 28262 ELMER W. DAVIS, INC. c/o Secretary of State 1217 Clifford Avenue Albany, New York 12207 Rochester, New York 14621-5620 Attention: Jeffery A. Davis FISHER SCIENTIFIC INTERNATIONAL, INC. DIRECT 300 Industry Drive Pittsburgh, Pennsylvania 15275 FLOWSERVE CORPORATION, Individually, and as c/o Corporate Trust Systems successor by merger to Durco International, previously 28 Liberty Street known as the Duriron Company New York, New York Flowserve Corporation General Counsel 5215 North O’Connor Blvd, Ste 2300 Irving, Texas 75039 FLOWSERVE US, INC., solely as Successor to Rockwell c/o Corporate Trust Systems Manufacturing Company, Edward Valves, Inc., Nordstrom 28 Liberty Street Valves, Inc. and Edward Vogt Valve Company New York, New York Flowserve Corporation General Counsel 5215 North O’Connor Blvd, Ste 2300 Irving, Texas 75039 FMC CORPORATION, Individually and as Successor to c/o Corporate Trust Systems Northern Pump Company, Coffin and Peerless Pump 28 Liberty Street Company New York, New York FMC Tower at Cira Centre South 2929 Walnut Street Philadelphia, Pennsylvania 19104 GARDNER-DENVER, INC., Individually and as Successor Registered Agent: to Nash Engineering Company c/o CT Corporation System 1800 Gardner Expressway 208 South LaSalle Street Quincy, Illinois 62301 Chicago, Illinois 60604 GARDNER-DENVER NASH, LLC, Individually and as Registered Agent: Successor to Nash Engineering Company c/o CT Corporation System 2 Trefoil Drive 67 Burnside Avenue Trumbull, CT 06611 East Hartford, CT 06108 -7- 8 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 GENERAL ELECTRIC COMPANY EMAIL = 3135 Easton Turnpike Fairfield, Connecticut 06432 GOULDS PUMPS, INC. DIRECT ITT-Goulds Pumps Headquarters 240 Fall Street Seneca Falls, NY 13148 GRINNELL CORPORATION DIRECT – CERTIFIED MAIL RRR 3 Tyco Park Brady Edwards, Esq. Exeter, New Hampshire 03833 Morgan, Lewis & Bockius LLP 1000 Louisiana St., Suite 4200 Houston, Texas 77002-5006 HANSEN PERMANENTE CEMENT, INC. Registered Agent Corporation Service Company 8825 N. 23rd Avenue, Suite 100 Phoenix, AZ 85021 HENRY SCHEIN, INC., Individually and as Successor By c/o Corporation Service Company Merger to Schein Holding, Inc. 80 State Street Albany, New York 12207-2543 HONEYWELL INTERNATIONAL, INC., Individually and c/o Corporation Service Company f/k/a Alliedsignal, Inc., and as Successor-in-interest to the 80 State Street Bendix Corp. Albany, New York 12207-2543 115 Tabor Road Morris Plains, New Jersey 07950 I.T.T. INDUSTRIES, INC., Individually and as successor to c/o IntelCo Management, Inc. Bell & Gossett Tara Solanki, Paralegal 187 Danbury Road, Suite 2D Wilton, CT 06897 INSULATION DISTRIBUTORS, INC. DIRECT – CERTIFIED MAIL RRR 356 Hertel Avenue Carol G. Snider, Esq. Buffalo, New York 14207 Barclay Damon LLP 200 Delaware Avenue, Suite 1200 Buffalo, NY 14202 KAISER GYPSUM COMPANY, INC. Registered Agent Corporation Service Company 2626 Glenwood Avenue, Suite 550 Raleigh, NC 27608 KERR CORPORATION DIRECT 1717 West Collins Avenue Orange, California 92867 -8- 9 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 LACO SALES INC., Individually and as Successor to Laco c/o Secretary of State Applicators and Laco Roofing and Asbestos Company, Inc. Albany, New York 12207 421 West Main Street Falconer, New York 14733 MADER CAPITAL, INC., Individually and as successor in DIRECT – CERTIFIED MAIL RRR interest to The Mader Corporation and Rochester Acoustical Mark S. Nemeth, Esq. Hurwitz Fine PC The Liberty Building 424 Main Street, Suite 1300 Buffalo, NY 14202 MADER CONSTRUCTION CORPORATION, Individually DIRECT – CERTIFIED MAIL RRR and as successor to Rochester Acoustical Mark S. Nemeth, Esq. James Biddle Sr. Hurwitz Fine PC 970 Bullis Road The Liberty Building P.O. Box 420 424 Main Street, Suite 1300 Elma, New York, 14059-0420 Buffalo, NY 14202 MADER CORPORATION, Individually and as successor to DIRECT – CERTIFIED MAIL RRR Rochester Acoustical Mark S. Nemeth, Esq. James Biddle Sr. Hurwitz Fine PC 970 Bullis Road The Liberty Building P.O. Box 420 424 Main Street, Suite 1300 Elma, New York, 14059-0420 Buffalo, NY 14202 MADER PLASTERING CORP. DIRECT – CERTIFIED MAIL RRR 609 Indian Church Road Mark S. Nemeth, Esq. West Seneca, New York 14224 Hurwitz Fine PC The Liberty Building 424 Main Street, Suite 1300 Buffalo, NY 14202 MADER SERVICE, Individually and as successor to DIRECT – CERTIFIED MAIL RRR Rochester Acoustical Mark S. Nemeth, Esq. James Biddle Sr. Hurwitz Fine PC 970 Bullis Road The Liberty Building P.O. Box 420 424 Main Street, Suite 1300 Elma, New York, 14059-0420 Buffalo, NY 14202 METROPOLITAN LIFE INSURANCE COMPANY c/o Corporate Trust Systems 200 Park Avenue 28 Liberty Street New York, New York 10166 New York, New York NELES-JAMESBURY, INC. The Corporation Trust Company 640 Lincoln Street 1209 Orange Street P.O. Box 15004 Wilmington, DE 19801 Worcester, Massachusetts 01615 -9- 10 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a CBS c/o Corporation Service Company Corporation, a Delaware corporation, f/k/a/ Viacom Inc., 80 State Street successor by merger to CBS Corporation, a Pennsylvania Albany, New York 12207 corporation, f/k/a Westinghouse Electric Corporation R.E. HEBERT AND COMPANY, INC. c/o Nicole A. Heary, Esq. 275 McKee Road Feldman, Kieffer & Herman, LLP Rochester, New York 14611 The Dun Building 110 Pearl Street -Suite 400 Buffalo, New York 14202 RANSOM & RANDOLPH COMPANY a/k/a Ransom & United Agent Group, Inc. Randolph A Divison of Dentsply International 1001 State Street #1400 221 West Philadelphia Street Erie, Pennsylvania, PA 16501 York, PA 17405 REDCO CORP. f/k/a Crane Co. Registered Agent Redco Corporation The Corporation Trust Company 1000 N. West Street, Suite 1200 1209 Orange Street Wilmington, Delaware 19801 Wilmington, Delaware 19801 ROCHESTER DAVIS-FETCH CORP. c/o Secretary of State 175 Dodge Street Albany, New York 12207 Rochester, New York 14606-1503 ROCHESTER INDUSTRIAL INSULATIONS INC. DIRECT – CERTIFIED MAIL RRR Ronald G. Hull or Paul V. Nunes Heisman Nunes & Hull LLP 1630 Empire Blvd, Suite 3B Webster, NY 14580 ROPER INDUSTRIES, INC., a Florida Corporation United Agent Group Inc. 6901 Professional Parkway East, Suite 200 801 US Highway 1 Sarasota, Florida 34240 North Palm Beach, FL 33408 SPENCE ENGINEERING COMPANY, INC. Corporation Service Company 80 State Street Albany, NY 12207-2543 UNION CARBIDE CORPORATION c/o Corporate Trust Systems Registered Agent: 28 Liberty Street CT Corporation System New York, New York 208 South Lasalle Street Chicago, Illinois 60604 VELAN VALVE CORP. c/o Corporation Service Company 94 Avenue C 80 State Street Williston, Vermont 05495-9732 Albany, New York 12207-2543 - 10 - 11 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 VWR INTERNATIONAL LLC Corporation Service Company 100 Matsonford Road 251 Little Falls Drive Wayne, Pennsylvania 19087 Wilmington, DE 19808 WARREN PUMPS LLC, Individually and as Successor to c/o The Corporation Trust Company The Quimby Pump Company 1209 North Orange Street 82 Bridges Avenue Wilmington, Delaware 19801 Warren, Massachusetts 01083-0969 WEIL McLAIN, A Division of Marley-Wylain Company Registered Agent: 6325 Ardrey Kell Road, Suite 400 c/o Corporation Trust Company Charlotte, N.C. 28277 1209 North Orange Street Wilmington, Delaware 19801 WILLIAM POWELL COMPANY (THE) DIRECT 3261 Spring Grove Ave. Cincinnati, OH 45225 WILLIAM SUMMERHAYS' SONS CORPORATION c/o Secretary of State 620 Clinton Avenue South Albany, New York 12207 Rochester, New York 14620 ZURN INDUSTRIES, INC. a/k/a and Successor-in-Interest c/o Corporate Trust Systems to Erie City Iron Works 28 Liberty Street 1801 Pittsburgh Avenue New York, New York Erie, Pennsylvania 16510 - 11 - 12 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF Index No. : JEAN NANCY PIEKUNKA and RONALD PIEKUNKA, VERIFIED COMPLAINT Plaintiffs, - against - ADSCO MANUFACTURING CORP., Individually and as Successor to Farrar and Trefts; AIR & LIQUID SYSTEMS CORPORATION, as Successor by Merger to Buffalo Pumps, Inc.; ALRAY CONSTRUCTION CORP., Individually and as Successor to R.E. Hebert and Company, Inc.; ATWOOD & MORRILL CO., INC. d/b/a Weir Valves & Controls USA Inc.; AVON PRODUCTS INC.; BAXTER HEALTHCARE CORPORATION, Individually and as Successor-in-Interest to American Hospital Supply Corp. and American Scientific Products; BAXTER INTERNATIONAL, INC., Individually and as Successor-In-Interest to American Hospital Supply Corporation and American Scientific products; BLACKMER PUMP; 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; CLARK-RELIANCE CORPORATION, Individually and as Successor to Jerguson; CLEAVER-BROOKS COMPANY f/k/a Aqua- Chem, Inc.; COPES-VULCAN, INC.; DAP, INC., k/n/a La Mirada Products Co., Inc.; DAVIS-FETCH & CO., INC.; DAVIS-FETCH ACOUSTICAL CORP.; DEAN PUMP DIVISION; DENTSPLY INTERNATIONAL INC; ELECTROLUX HOME PRODUCTS, INC., Individually and as Successor to Tappan and Copes-Vulcan and Blaw-Knox Company; - 12 - 13 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 ELMER W. DAVIS, INC.; FISHER SCIENTIFIC INTERNATIONAL,INC; FLOWSERVE CORPORATION, Individually, and as successor by merger to Durco International, previously known as the Duriron 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; GENUINE PARTS COMPANY; GOULDS PUMPS INC.; GRINNELL CORPORATION; HANSEN PERMANENTE CEMENT, INC.; HENRY SCHEIN,INC., Individually and as Successor by merger to Schein Holding, Inc; HONEYWELL INTERNATIONAL, INC., Individually and f/k/a Alliedsignal, Inc., and as Successor-in-interest to the Bendix Corp.; I.T.T. INDUSTRIES, INC., Individually and as successor to Bell & Gossett; INSULATION DISTRIBUTORS, INC.; KAISER GYPSUM COMPANY, INC.; KERR CORPORATION; LACO SALES INC., Individually and as Successor to Laco Applicators and Laco Roofing and Asbestos Company, Inc.; MADER CAPITAL, INC., Individually and as successor in interest to The Mader Corporation and Rochester Acoustical; MADER CONSTRUCTION CORPORATION, Individually and as successor to Rochester Acoustical; MADER CORPORATION, Individually and as successor to Rochester Acoustical; MADER PLASTERING CORP.; MADER SERVICE, Individually and as successor to Rochester Acoustical; METROPOLITAN LIFE INSURANCE COMPANY; - 13 - 14 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 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; R.E. HEBERT AND COMPANY, INC.; RANSOM & RANDOLPH COMPANY.a/k/a Ransom & Randolph A.DIV. of Dentsply International; REDCO CORP., f/k/a Crane Co.; ROCHESTER DAVIS-FETCH CORP.; ROCHESTER INDUSTRIAL INSULATIONS INC; ROPER INDUSTRIES, INC., a Florida Corporation; SPENCE ENGINEERING COMPANY, INC.; UNION CARBIDE CORPORATION; VELAN VALVE CORP.; VWR INTERNATIONAL LLC; WARREN PUMPS, LLC, Individually and as Successor to The Quimby Pump Company; WEIL McLAIN, a division of Marley Wylain Company; WILLIAM POWELL COMPANY (THE); WILLIAM SUMMERHAYS' SONS CORPORATION; ZURN INDUSTRIES, INC. a/k/a and Successor-in- Interest to Erie City Iron Works. Defendants. Plaintiffs by their attorneys, BELLUCK & FOX LLP, upon information and belief, at all times hereinafter mentioned allege as follows: THE PARTIES 1. Plaintiffs are residents of the State of California unless otherwise specified in individual complaints. 2. Plaintiffs allege that plaintiff, JEAN NANCY PIEKUNKA has been diagnosed with Mesothelioma as a result of her exposure to asbestos. - 14 - 15 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 3. At this time, Plaintiffs are alleging that there is no Post-1980 exposure, but should evidence be produced to the contrary, the evidence controls over this preliminary allegation, and this allegation is presumptively modified to conform to the evidence. 4. The term “Defendants” shall apply to all corporate and business entities, and/or their predecessors and/or successors in interest as more fully described and enumerated in the captions of individual complaints subsequently filed in the "short form" in accordance with the applicable case management order of this Court. 5. The Defendants have done business in this State, have conducted or transacted business in this State, have committed one or more tortious acts within this state, or have otherwise performed acts within and/or without this State giving rise to injuries and losses within this State, which acts subject each Defendant to the jurisdiction of the Courts of this State. 6. Defendant ADSCO MANUFACTURING CORP., Individually and as Successor to Farrar and Trefts was and is a duly organized domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 7. Defendant AIR & LIQUID SYSTEMS CORPORATION, as Successor by Merger to Buffalo Pumps, Inc. was and is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 8. Defendant ALRAY CONSTRUCTION CORP., Individually and as Successor to R.E. Hebert and Company, Inc. was and is a duly organized foreign and/or domestic - 15 - 16 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 9. Defendant ATWOOD & MORRILL CO., INC., d/b/a Weir Valves & Controls USA Inc. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 10. Defendant AVON PRODUCTS INC. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 11. Defendant BAXTER HEALTHCARE CORPORATION, Individually and as Successor-in-Interest to American Hospital Supply Corp. and American Scientific Products was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 12. Defendant BAXTER INTERNATIONAL, INC., Individually and as Successor-in-Interest to American Hospital Supply Corporation and American Scientific products was and is a duly organized foreign and/or domestic corporation doing business and/or - 16 - 17 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 13. Defendant BLACKMER PUMP was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 14. Defendant 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 was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 15. Defendant CARRIER CORPORATION was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 16. Defendant CLARK-RELIANCE CORPORATION, Individually and as Successor to Jerguson was and is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have - 17 - 18 of 61 FILED: MONROE COUNTY CLERK 06/12/2024 12:47 PM INDEX NO. E2024009774 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/12/2024 consequences within 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. 17. Defendant CLEAVER-BROOKS COMPANY f/k/a Aqua-Chem, Inc. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 18. Defendant COPES-VULCAN, INC. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. Defendant DAP, INC., k/n/a La Mirada Products Co., Inc. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. 20. Defendant DAVIS-FETCH & CO., INC. was and is a duly organized foreign and/or domestic corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within 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. - 18 - 19 of 61 FILED: MONROE COUNTY CLER