On September 01, 2015 a Letter,Correspondence was filed involving a dispute between Shirley Godfrey, Shirley Jo Godfrey As Executrix Of The Estate Of Robert C. Godfrey, and Algoma Hardwoods, Inc., American Biltrite, Inc., Individually And As Successor To Amtico Floors, A.O. Smith Water Products, Basic, Inc., Bird Incorporated F K A Bird & Son, Inc., Borg Warner Corporation, By Its Successor In Interest, Borg Warner Morse Tec Inc., Burnham Corporation, Carrier Corporation, Cbs Corporation, A Delaware Corporation, F K A Viacom Inc, Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation, Certain-Teed Corporation, Cleaver Brooks Company F K A Aqua Chem, Inc., Conwed Corporation F K A Wood Conversion Company, Crane Co., Crown Boiler Co., Dap, Inc., K N A La Mirada Products Co., Inc., Domco Products Texas, Inc., D B A Tarkett Inc., Individually And As Successor To Azrock Industries, Inc., Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers, And Utica Boilers, General Electric Company, Georgia-Pacific Corporation, Individually And As Successor To Bestwall Gypsum Company, Homasote Company, Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor In Interest To The Bendix Corp., International Paper Company, F K A Hammermill Paper Co. And Individually And As Successor To Us Plywood, Kaiser Gypsum Company, Inc., Lehrer Mcgovern Lehrer Llc, Mannington Mills, Inc., Metropolitan Life Insurance Company, New Yorker Boiler Company, Inc., Peerless Industries, Inc., Pfizer, Inc., Rheem Manufacturing Corp., Strober Organization, Inc., Turner Construction Company, Union Carbide Corporation, Weil Mclain, A Division Of Marley Wylain Company, Weyerhauser Corporation, Whiting Turner, York International Corporation, Individually And As Successor To Frick Company, for Asbestos in the District Court of New York County.
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Lisa M. Pascarella, Esq. Ipascarella@PDLTLAW.COM Direct Dial: 732-847-9191 2137 Route 35, Suite 290 PASCARELLA DIVITA, PLLC ree 752897 9015 A Professional Service Limited Liability Company Formed in New York (F) 732-203-2380 October 13, 2015 FIRST Jordan Fox, Esq. Belluck & Fox, LLP REQUEST 546 Fifth Avenue, 4"" Floor New York, NY 10036 Re: —_ Robert Godfrey Index No: 190280/2015 Dear Mr. Fox: As you are aware, this office represents RHEEM MANUFACTURING COMPANY. Although service has not been effectuated upon RHEEM MANUFACTURING COMPANY, we attended the deposition placing a jurisdictional defense on the record. From a review of all discovery served and the deposition of the plaintiff, there is no product identification for RHEEM MANUFACTURING COMPANY in this matter. Therefore, pursuant to the Case Management Order, enclosed please find a No Opposition Summary Judgment Motion and Order as and against RHEEM MANUFACTURING COMPANY In accordance with the Case Management Order, kindly sign and return the enclosed motion within ten (10) days. This correspondence does not waive any jurisdictional defenses we have on behalf of RHEEM MANUFACTURING COMPANY. If you have any questions or concerns, kindly contact the undersigned to discuss this matter further. Thank you in advance for your courtesy and cooperation. Lisa M. Pascarella LMP/trh Encl.SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK a In Re: NEW YORK CITY ASBESTOS LITIGATION SONOS Un nS RET x ROBERT GODFREY and SHIRLEY GODFREY, Index No.: 190280/2015 Plaintiff(s), NO OPPOSITION SUMMARY -against- JUDGMENT MOTION AND ORDER A.O. SMITH WATER PRODUCTS, et al., Defendant(s). Sepiseneemenereeceesaaenm ime ere x WHEREFORE, defendant, RHEEM MANUFACTURING COMPANY hereby requests summary judgment in the above-entitled case, pursuant to Civil Practice Law and Rules Section 3212, dismissing plaintiff's complaint against defendants, RHEEM MANUFACTURING COMPANY with prejudice, and there being no opposition thereo, ORDERED, that upon notice to all co-defendants, all claims and cross claims against defendant RHEEM MANUFACTURING COMPANY be and the same are hereby dismissed with prejudice and without costs, Dated: New York, New York Jordan Fox, Esq. Lisa M. Pascarella, Esq. Belluck & Fox, LLP Pascarella DiVita, PLLC Attomeys for plaintiffs) Attorney for Defendant 546 Fifth Avenue, 4" Floor RHEEM MANUFACTURING COMPANY New York, New York 10036 2137 Route 35, Suite 290 (212) 681-1575 Holmdel, New Jersey 07733 (732) 837-9019 SO ORDERED, Judge Peter H. MoultonAFFIDAVIT OF SERVICE STATE OF NEW JERSEY ) COUNTY OF ee “ss TRACY HARALLA being duly swom, deposes and says that she is not a party to this action, is over the age of 18 years and resides in Monmouth County, New Jersey. That on the 13" day of October 2015, she served the within NO OPPOSITION SUMMARY JUDGMENT MOTION AND ORDER, upon: Belluck & Fox, LLP 546 Fifth Avenue, 4" Floor New York, NY 10036 by regular mail by depositing same at the United States Post Office, Holmdel, New Jersey. And all remaining defendants by electronic filing. TRACY HARALLA Sworn to before me on this 13" day of October 2015 earF iw ‘ , / Notary Public MEGHANN P. CHASE Notary Public of New Jersey My Commission Expires April 11, 2017