Preview
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
---------------------------- - -- - - -- - x Index No. 20-190075
GEORGE VINCENT AND BARBARA JEAN SUMMONS AND FIRST
VINCENT AMENDED COMPLAINT
Plaintiff,
-against-
BLACKMER PUMP;
CBS CORPORATION ind. and as suc. to
INC. (SUED AS SUCCESSOR-BY-
VIACOM,
MERGER TO CBS CORPORATION (A
PENNSYLVANIA CORPORATION) F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION;
CRANE COMPANY ind. and as suc. to DEMING
PUMP, WE1NMAN PUMP
MANUFACTURING COMPANY, PACIFIC
STEEL BOILER CORPORATION AND
THATCHER BOILER;
FOSTER WHEELER CORPORATION;
GENERAL ELECTRIC COMPANY;
AND
SCHLUMBERGER IND. AND AS SUC. TO
GROVE REGULATOR CO.;
TOMPKINS INDUSTRIES, INC.;
To the above named Defendants:
YOU ARE HEREBY SUMMONED, to answer thisSummons and FirstAmended Complaint,
originally filed
3/10/2020, and to serve a copy ofyour answer, or,ifthe complaint is notserved with this
summons to servea Notice ofAppearance, on the Plaintiff'sAttorney(s) within 20 days afterthe service of
thisSummons, exclusive ofthe day of service(or within 30 days afterthe service is complete ifthis
Summons is notpersonally deliveredto you within the State ofNew York); and in case ofyour failureto
appear or judgment will be taken againstyou defaultfor the relief
demanded in theComp!=!=
answer, by
Date :3/17/20
EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN
An Associationof Professional
LLCs
THE EARLY LAW FIRM, LLC
360 LEXINGTON AVENUE • 20th FLOOR
NEW YORK, NEW YORK 10017 • 986-2233
(212)
1 of 5
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020
New York, New York Mark Bibro, Esq.
The Early Law Firm, LLC
Attorneys for Plaintiffs
To: See attached rider 360 Lexington Avenue, 20th Floor
New York, NY 10017
Plaiwiffs,·by theirattGrüêÿa,with reference tothe Complant filed inthisaction on 3/10/2020, which set
forth claims forpersonal injuriesbased on theoriesof segligcñce, breach of express and implied warranty
and strictproduct due
liability, to asbestos exposure, hereby adds edditieñs!defendant pursuant toNEW
YORK ASBESTOS LITIGATION Case Management Order Paragraph VI(E), by this"Short Form
Añicñded Complaint", incorporating each and every claim, allegation,paragraph and request forreliefin
the originaland mended cempishts which set forth,among others,claims forpersonal injuriesand which
has been served by Plaintiff'scounsel on alldefense counsel and filedin theNew York Asbestos Litigation
Master File.
Dated :3/17/20
New York, New York M rl Blbro/ sq.
The Early Law Firm, LLC
Attorneys for Plaintiffs
To: See attached rider 360 Lexington Avenue, 20th Floor
New York, NY 10017
DEMAND FOR JURY TRIAL
Plaintiffsdemand a trialby juryon allissues present herein.
Mark B/bro, sq.
The Early Law Firm, LLC
2001
360 Lexington Avenue, Floor
New York, NY 10017
212.986.2233
To: See attached Service Rider
EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN
An Associationof Professional
LLCs
THE EARLY LAW FIRM, LLC
360 LEXINGTON AVENUE • 20th FLOOR
NEW YORK, NEW YORK 10017 • 986-2233
(212)
2 of 5
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020
SUPREME COURT OF THE STATE OF NEW
YORK COUNTY OF NEW YORK
- -- - - -- - - ------------------- -- - ---- - x Index No. 20-190075
GEORGE VINCENT AND BARBARA JEAN AFFIRMATION OF
VINCENT SERVICE
Plaintiff,
-against-
BLACKMER PUMP;
CBS CORPORATION ind. and as suc. to
INC. (SUED AS SUCCESSOR-BY-
VIACOM,
MERGER TO CBS CORPORATION (A
PENNSYLVANIA CORPORATION) F/K/A
WESTINGHOUSE ELECTRIC
CORPORATION;
CRANE COMPANY ind. and as suc. to DEMING
PUMP, WElNMAN PUMP
MANUFACTURING COMPANY, PACIFIC
STEEL BOILER CORPORATION AND
THATCHER BOILER;
FOSTER WHEELER CORPORATION;
GENERAL ELECTRIC COMPANY
AND
SCHLUMBERGER IND. AND AS SUC. TO
GROVE REGULATOR CO.;
TOMPKINS INDUSTRIES, INC.;
Defendants.
Mark Bibro, Esq., an attorney duly admitted to practicelaw before allof the courts inthe Stateof New
York, hereby affirms thaton 3/17/20, Iserved the within NEW YORK SHORT FORM COMPLAINT
upon thedefendets listedinthe enclosed service riderby depositing a true copy thereof inan enclosed
post-paid wrapper, in an officialdepository under the exclusive care and custody of theU.S. Postal Service
within the Stateof New York.
Mark Bibro, Esq.
Defendants address: See The Early Law Firm, LLC
attached rider Lexington 20*
360 Avenue, Fl.
New York, NY 10017
(212) 986-2233
EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN
An Associationof Professional
LLCs
THE EARLY LAW FIRM, LLC
360 LEXINGTON AVENUE • 20th FLOOR
NEW YORK, NEW YORK 10017 • 986-2233
(212)
3 of 5
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020
ATTORNEY'S VERIFICATION
The undersigned, an attorney admitted to practice in the Courts of the State of New York,
shows that:
Affirmant is associated with the attorney of record for plaintiff in the within action;
Affirmant has read the foregoing FIRST AMENDED COMPLAINT and knows the
contents thereof to be true to Affirmant's own knowledge, except as to the matters therein
stated to be alleged on information and belief, and that as to those matters, Affirmant
believes those matters to be true.
The grounds of Affirmant's belief as to all matters not stated upon his knowledge are
based upon information contained in the file maintained in Affirmant's office.
This verification is made by Affirmant and not by the plaintiff because the plaintiffs
reside outside the county wherein Affirmant maintains his office.
The undersigned affirms that the foregoing statements are true under the penalties of
Perjury.
Mark Bibro, Esq.
Dated: March 17, 2020
Mark Bibro, Esq.
EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN
An Associationof Professional
LLCs
THE EARLY LAW FIRM, LLC
360 LEXINGTON AVENUE • 20th FLOOR
NEW YORK, NEW YORK 10017 • 986-2233
(212)
4 of 5
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020
SERVICE RIDER FOR GEORGE VINCENT
INDEX NO. 20-190075
David P. Schaffer Esq.
Malaby & Bradley, LLC
150 Broadway, Suite 600
New York, NY 10038
Phone: 212-791-0285 Fax: 212-791-0286
BLACKMER PUMP
Michael Tanenbaum Esq.
Tanenbaum Keale LLP
Three Gateway Center
100 Mulberry Street, Suite 1301
Newark, NJ 07102
Phone: 973-242-0002 Fax: 973-242-8099
Attorney's for CBS CORPORATION ind. and as sue. to VIACOM, INC. (SUED
AS SUCCESSORBY-MERGER TO CBS CORPORATION (A PENNSYLVANIA
CORPORATION) F/K/A WESTINGHOUSE ELECTRIC CORPORATION;
FOSTER WHEELER CORPORATION;
GENERAL ELECTRIC COMPANY
Tara Pehush Esq.
K&L Gates LLP
599 Lexington Avenue
New York, NY 10022-6030
Phone: 212-536-3900 Fax: 212-536-3901
Attorney's for CRANE COMPANY ind. and as suc. to DEMING PUMP,
WEINMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL BOILER
CORPORATION AND THATCHER BOILER
SCHLUMBERGER IND. AND AS SUC. TO GROVE REGULATOR CO.;
Attn: Legal Department
3600 Briarpark Drive
Houston, Texas, 77042
TOMPKINS INDUSTRIES, INC.
Corporation Service Company
251 Little Falls Drive
Wilmington, DE 19808
EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN
An Associationof Professional
LLCs
THE EARLY LAW FIRM, LLC
360 LEXINGTON AVENUE • 20th FLOOR
NEW YORK, NEW YORK 10017 • 986-2233
(212)
5 of 5
Preview
FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------- - -- - - -- - x Index No. 20-190075 GEORGE VINCENT AND BARBARA JEAN SUMMONS AND FIRST VINCENT AMENDED COMPLAINT Plaintiff, -against- BLACKMER PUMP; CBS CORPORATION ind. and as suc. to INC. (SUED AS SUCCESSOR-BY- VIACOM, MERGER TO CBS CORPORATION (A PENNSYLVANIA CORPORATION) F/K/A WESTINGHOUSE ELECTRIC CORPORATION; CRANE COMPANY ind. and as suc. to DEMING PUMP, WE1NMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL BOILER CORPORATION AND THATCHER BOILER; FOSTER WHEELER CORPORATION; GENERAL ELECTRIC COMPANY; AND SCHLUMBERGER IND. AND AS SUC. TO GROVE REGULATOR CO.; TOMPKINS INDUSTRIES, INC.; To the above named Defendants: YOU ARE HEREBY SUMMONED, to answer thisSummons and FirstAmended Complaint, originally filed 3/10/2020, and to serve a copy ofyour answer, or,ifthe complaint is notserved with this summons to servea Notice ofAppearance, on the Plaintiff'sAttorney(s) within 20 days afterthe service of thisSummons, exclusive ofthe day of service(or within 30 days afterthe service is complete ifthis Summons is notpersonally deliveredto you within the State ofNew York); and in case ofyour failureto appear or judgment will be taken againstyou defaultfor the relief demanded in theComp!=!= answer, by Date :3/17/20 EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN An Associationof Professional LLCs THE EARLY LAW FIRM, LLC 360 LEXINGTON AVENUE • 20th FLOOR NEW YORK, NEW YORK 10017 • 986-2233 (212) 1 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020 New York, New York Mark Bibro, Esq. The Early Law Firm, LLC Attorneys for Plaintiffs To: See attached rider 360 Lexington Avenue, 20th Floor New York, NY 10017 Plaiwiffs,·by theirattGrüêÿa,with reference tothe Complant filed inthisaction on 3/10/2020, which set forth claims forpersonal injuriesbased on theoriesof segligcñce, breach of express and implied warranty and strictproduct due liability, to asbestos exposure, hereby adds edditieñs!defendant pursuant toNEW YORK ASBESTOS LITIGATION Case Management Order Paragraph VI(E), by this"Short Form Añicñded Complaint", incorporating each and every claim, allegation,paragraph and request forreliefin the originaland mended cempishts which set forth,among others,claims forpersonal injuriesand which has been served by Plaintiff'scounsel on alldefense counsel and filedin theNew York Asbestos Litigation Master File. Dated :3/17/20 New York, New York M rl Blbro/ sq. The Early Law Firm, LLC Attorneys for Plaintiffs To: See attached rider 360 Lexington Avenue, 20th Floor New York, NY 10017 DEMAND FOR JURY TRIAL Plaintiffsdemand a trialby juryon allissues present herein. Mark B/bro, sq. The Early Law Firm, LLC 2001 360 Lexington Avenue, Floor New York, NY 10017 212.986.2233 To: See attached Service Rider EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN An Associationof Professional LLCs THE EARLY LAW FIRM, LLC 360 LEXINGTON AVENUE • 20th FLOOR NEW YORK, NEW YORK 10017 • 986-2233 (212) 2 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK - -- - - -- - - ------------------- -- - ---- - x Index No. 20-190075 GEORGE VINCENT AND BARBARA JEAN AFFIRMATION OF VINCENT SERVICE Plaintiff, -against- BLACKMER PUMP; CBS CORPORATION ind. and as suc. to INC. (SUED AS SUCCESSOR-BY- VIACOM, MERGER TO CBS CORPORATION (A PENNSYLVANIA CORPORATION) F/K/A WESTINGHOUSE ELECTRIC CORPORATION; CRANE COMPANY ind. and as suc. to DEMING PUMP, WElNMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL BOILER CORPORATION AND THATCHER BOILER; FOSTER WHEELER CORPORATION; GENERAL ELECTRIC COMPANY AND SCHLUMBERGER IND. AND AS SUC. TO GROVE REGULATOR CO.; TOMPKINS INDUSTRIES, INC.; Defendants. Mark Bibro, Esq., an attorney duly admitted to practicelaw before allof the courts inthe Stateof New York, hereby affirms thaton 3/17/20, Iserved the within NEW YORK SHORT FORM COMPLAINT upon thedefendets listedinthe enclosed service riderby depositing a true copy thereof inan enclosed post-paid wrapper, in an officialdepository under the exclusive care and custody of theU.S. Postal Service within the Stateof New York. Mark Bibro, Esq. Defendants address: See The Early Law Firm, LLC attached rider Lexington 20* 360 Avenue, Fl. New York, NY 10017 (212) 986-2233 EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN An Associationof Professional LLCs THE EARLY LAW FIRM, LLC 360 LEXINGTON AVENUE • 20th FLOOR NEW YORK, NEW YORK 10017 • 986-2233 (212) 3 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020 ATTORNEY'S VERIFICATION The undersigned, an attorney admitted to practice in the Courts of the State of New York, shows that: Affirmant is associated with the attorney of record for plaintiff in the within action; Affirmant has read the foregoing FIRST AMENDED COMPLAINT and knows the contents thereof to be true to Affirmant's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters, Affirmant believes those matters to be true. The grounds of Affirmant's belief as to all matters not stated upon his knowledge are based upon information contained in the file maintained in Affirmant's office. This verification is made by Affirmant and not by the plaintiff because the plaintiffs reside outside the county wherein Affirmant maintains his office. The undersigned affirms that the foregoing statements are true under the penalties of Perjury. Mark Bibro, Esq. Dated: March 17, 2020 Mark Bibro, Esq. EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN An Associationof Professional LLCs THE EARLY LAW FIRM, LLC 360 LEXINGTON AVENUE • 20th FLOOR NEW YORK, NEW YORK 10017 • 986-2233 (212) 4 of 5 FILED: NEW YORK COUNTY CLERK 03/17/2020 03:43 PM INDEX NO. 190075/2020 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/17/2020 SERVICE RIDER FOR GEORGE VINCENT INDEX NO. 20-190075 David P. Schaffer Esq. Malaby & Bradley, LLC 150 Broadway, Suite 600 New York, NY 10038 Phone: 212-791-0285 Fax: 212-791-0286 BLACKMER PUMP Michael Tanenbaum Esq. Tanenbaum Keale LLP Three Gateway Center 100 Mulberry Street, Suite 1301 Newark, NJ 07102 Phone: 973-242-0002 Fax: 973-242-8099 Attorney's for CBS CORPORATION ind. and as sue. to VIACOM, INC. (SUED AS SUCCESSORBY-MERGER TO CBS CORPORATION (A PENNSYLVANIA CORPORATION) F/K/A WESTINGHOUSE ELECTRIC CORPORATION; FOSTER WHEELER CORPORATION; GENERAL ELECTRIC COMPANY Tara Pehush Esq. K&L Gates LLP 599 Lexington Avenue New York, NY 10022-6030 Phone: 212-536-3900 Fax: 212-536-3901 Attorney's for CRANE COMPANY ind. and as suc. to DEMING PUMP, WEINMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL BOILER CORPORATION AND THATCHER BOILER SCHLUMBERGER IND. AND AS SUC. TO GROVE REGULATOR CO.; Attn: Legal Department 3600 Briarpark Drive Houston, Texas, 77042 TOMPKINS INDUSTRIES, INC. Corporation Service Company 251 Little Falls Drive Wilmington, DE 19808 EARLY, LUCARELLI, SWEENEY & MEISENKOTHEN An Associationof Professional LLCs THE EARLY LAW FIRM, LLC 360 LEXINGTON AVENUE • 20th FLOOR NEW YORK, NEW YORK 10017 • 986-2233 (212) 5 of 5