On September 01, 2015 a Motion,Ex Parte 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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FILED: NEW YORK COUNTY CLERK 02/05/2018 02:34 PM INDEX NO. 190280/2015 NYSCEF DOC. NO. 279 RECEIVED NYSCEF: 02/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ------------------------------------------------------------------X SHIRLEY JO GODFREY, Individually and as Executrix Index No.: 190280-2015 for the Estate of ROBERT C. GODFREY, Plaintiff, DEFENDANT AMERICAN BILTRITE INC.'S NOTICE OF -against- ITS MOTION TO DISMISS FOR LACK OF PERSONAL AMERICAN BILTRITE INC., et al., JURISDICTION Defendant, X ------------------------------------------------------------------X PLEASE TAKE NOTICE that, upon the annexed Affirmation of Justin A. Reinhardt, dated February 5, 2018, together with all exhibits annexed thereto, Defendant, AMERICAN BILTRITE INC. will move this Court before the Motion Submission Part, Room 130 of the Supreme Court, New York County, located at 60 Centre Street, New York, New York, on the 7th day of March, 2018, at 9:30 a.m. or as soon thereafter as counsel can be heard for an Order, pursuant to CPLR § 3211(a)(8), to grant American Biltrite Inc.'s Motion to Dismiss for Lack of Plaintiffs' Personal Jurisdiction in its entirety, and dismissing, Plaintiffs Complaint and all cross-claims against American Biltrite Inc., and for such other and further relief as this court deems just and proper. PLEASE TAKE FURTHER NOTICE, that answering affidavits, ifany, are to be served upon the undersigned at least seven (7) days prior to the return date of this Motion pursuant to CPLR §2214. 4840-0547-2055v.1 1 of 2 FILED: NEW YORK COUNTY CLERK 02/05/2018 02:34 PM INDEX NO. 190280/2015 NYSCEF DOC. NO. 279 RECEIVED NYSCEF: 02/05/2018 Dated: February 5, 2018 Respectfully submitted, New York, New York KUROWSKI SHULTZ LLC By: /s/ Justin A. Reinhardt David J. Fisher, Esq. Justin A. Reinhardt, Esq. Syed K. Rizvi, Esq. 180 Maiden Lane, Suite 901 New York, New York 10038 P: (929) 378-4800 Attorneys for Defendant American Biltrite, Inc. 2 of 2