On September 01, 2015 a Stipulation,Agreement 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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Segal McCambridge Singer & Ag SegalMcCambridge Benjamin L. Careathers Direct (212) 651-7449 beareathers@smsm.com SECOND REQUEST February 16, 2016 VIA FIRST CLASS MAIL Jordan C. Fox, Esq. Belluck & Fox, LLP 546 Fifth Avenue, 4th Floor New York, NY 10036 Re: New York City Asbestos Litigation Plaintiff Cluster GODFREY, ROBERT 4/16 EXTR Dear Mr. Fox: This office represents Weil-McLain in the above-referenced matter. Based on a review of all discovery served in this matter and deposition testimony, there has been no product identification of Weil-McLain in this action. In accordance with the Case Management Order, kindly sign and return the enclosed No Opposition Summary Judgment Motion for filing with the Court. Alternatively, if you do not choose to execute this No Opposition Summary Judgment Motion, please provide us in writing, your basis for continuing litigation against our client. Thank you for your immediate attention. Very truly yours, E,SINGER & MAHONEY, LTD. BLC/mvh Enel. ce: All Attorneys of Record (via NYSCEF) 850 Third Avenue | Suite 1100 | New York, NY 10022 | 1: (212) 651.7500 | F: (212) 651.7499SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK Index No.: 190280/15 In Re: NEW YORK CITYASBESTOS LITIGATION ROBERT GODFREY, Plaintiff(s), NO OPPOSITION SUMMARY JUDGMENT - against - MOTION WEIL-MCLAIN, et al., Defendants. WHEREFORE, Defendant WEIL-MCLAIN hereby requests Summary Judgment in the above-entitled case, pursuant to Civil Practice Law and Rules Section 3212, dismissing plaintiff's complaint against Defendant Weil-McLain with prejudice, and there being no opposition thereto, ORDERED, that upon notice to all co-defendants, all claims and cross claims against Defendant, Weil-McLain be and the same are hereby dismissed with prejudice and without costs to either party. Dated: » 2016 New York, New York Jordan C. Fox, Esq. Benjamin. : BELLUCK & FOX, LLP SEGAL McCAMBRIDGE Attorneys for Plaintiff SINGER & MAHONEY, LTD. 546 Fifth Avenue, 4th Floor Attorneys for Defendant New York, NY 10036 Weil-McLain (212) 681-1575 850 Third Avenue, Suite 1100 New York, NY 10022 (212) 651-7500 SO ORDERED, Hon. Peter H. MoultonAFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss: COUNTY OF NEW YORK ) Misty V. Horvath, being duly sworn, deposes and says that she is not a party to this action, is over the age of 18 years and resides in Westchester County, New York. That on the AAA Motion to be served, upon: ___ day of February, 2016, she caused the within No Opposition Summary Judgment Belluck & Fox, LLP 546 Fifth Avenue, 4th Floor New York, NY 10036 by electronically filing same via the Electronic Court Filing website on all attorneys of record, and by causing a true copy of same to be enclosed in a postpaid wrapper and deposited securely, in an official depository under the exclusive care and custody of the U.S. Postal Service within the State of New York. Misty V. Horvath Sworn to before me this i! day of February 2016 lo, 853 Qualified in Queens County /G Commission Expires February 1, 20, Notary Public