On February 28, 2019 a
Motion-Secondary
was filed
involving a dispute between
Josephine E. Mcclure,
and
Cbs Corporation F K A Viacom Inc. Successor By Merger To Cbs Corporation F K A Westinghouse Electric Corporation,
Certain-Teed Corporation F K A Certain-Teed Products Corporation,
Crane Co.,
Flowserve Corporation F K A The Duriron Company, Inc. Sued As Successor By Merger To Durco International,
Foster Wheeler Llc,
Frontier Insulation Contractors, Inc. F K A Frontier Insulation And Asbestos, Inc.,
General Electric Company,
Goulds Pumps, Incorporated F K A Goulds Pumps Merger Corporation,
Grinnell Llc,
Honeywell International Inc. F K A Alliedsignal, Inc. And As Successor In Interest To The Bendix Corporation,
Imo Industries Inc. Individually And As Successor In Interest To Imo Delaval,
Industrial Insulation Sales, Inc.,
Ingersoll-Rand Company,
Insulation Distributors, Inc.,
Itt Corporation F K A Itt Industries, Inc. Individually And As Successor To Itt Fluid Products Corp. Itt Hoffman Itt Bell & Gossett Company And Itt Marlow,
Niagara Insulations, Inc. F K A Niagara Asbestos Co., Inc.,
Riley Power Inc. F K A Babcock Borsig Power, Inc. F K A Db Riley, Inc. F K A Riley Stoker Corporation,
Trane U.S. Inc. F K A American Standard Inc.,
Union Carbide Corporation,
for Torts - Asbestos
in the District Court of Erie County.
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IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION
________________________________________
This Document Applies to:
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
________________________________________
JOSEPHINE E. MCCLURE, ORDER OF DISMISSAL AS
TO FRONTIER INSULATION
Plaintiffs, CONTRACTORS, INC. AND
INDUSTRIAL INSULATION
-vs- SALES, INC.
CBS CORPORATION Index No. 802542/2019
f/k/a VIACOM, INC. successor by merger to CBS
CORPORATION f/k/a WESTINGHOUSE ELECTRIC
CORPORATION, et al.,
Defendants.
________________________________________
The defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL
INSULATION SALES, INC., having duly requested evidence of product exposure identification,
pursuant to the Eighth Judicial District Case Management Order, and upon receiving no objection to
entry of an Order of Dismissal from any party, it is now
ORDERED, that the plaintiffs’ claims against defendants, FRONTIER INSULATION
CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., the predecessors,
successors, subsidiaries and affiliated companies, are dismissed with prejudice as against said
defendant only, without costs; and it is further.
26869133.v1
ORDERED, that all cross-claims against defendants, FRONTIER INSULATION
CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., are dismissed with
prejudice and without costs.
___________________________________
HON. DEBORAH A. CHIMES, J.S.C.
ENTER:
___________________________________
Clerk of the Court
26869133.v1
EXHIBIT A
FILED: ERIE COUNTY CLERK 03/23/2020 04:34 PM INDEX NO. 802542/2019
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/23/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
JOSEPHINE E. MCCLURE, STIPULATION OF DISCONTINUANCE
AGAINST FRONTIER INSULATION
Plaintiffs, CONTRACTORS, [NC., AND
INDUSTRIAL INSULATION SALES,
INC., ONLY
CBS CORPORATION, Index No. 802542/2019
f/k/a VIACOM INC. successor by merger to
CBS CORPORATION f/k/a WESTINGHOUSE
ELECTRICAL CORPORATION, et., al.
Defendants.
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned,
the attorneys of record for the plaintiff and defendants, FRONTIER INSULATION CONTRACTORS,
INC. and INDUSTRIAL INSULATION SALES, INC., in the above-entitled action, that whereas no
party hereto is an infant or incompetent person for whom a committee has been appointed and no
person not a party has an interest in the subject matter of the action, the above-entitled action be, and
the same hereby is, discontinued as to defendants, FRONTIER INSULATION CONTRACTORS,
INC. and INDUSTRIAL INSULATION SALES, INC., only. with prejudice and without costs to either
party as against the other. This stipulation may be filed without further notice with the Clerk of the
Court.
March 23, 2020 , 2020
DATED: January
GOLDBERG SEGALLA LLP LIPSITZ & PONTERIO, LLC
BY: BY:
Jason A. Botticelli, Esq. Mathew J. Morton, Esq.
Attorneys for Defendants Frontier and Industrial Attorneys for Plaintiff
665 Main Street, Suite 400 424 Main Street, Suite 1500
Buffalo, New York 14203 Buffalo, NY 14202
25034820.v I
1 of 1
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IN RE: EIGHTH JUDICIAL DISTRICT ASBESTOS LITIGATION ________________________________________ This Document Applies to: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE ________________________________________ JOSEPHINE E. MCCLURE, ORDER OF DISMISSAL AS TO FRONTIER INSULATION Plaintiffs, CONTRACTORS, INC. AND INDUSTRIAL INSULATION -vs- SALES, INC. CBS CORPORATION Index No. 802542/2019 f/k/a VIACOM, INC. successor by merger to CBS CORPORATION f/k/a WESTINGHOUSE ELECTRIC CORPORATION, et al., Defendants. ________________________________________ The defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., having duly requested evidence of product exposure identification, pursuant to the Eighth Judicial District Case Management Order, and upon receiving no objection to entry of an Order of Dismissal from any party, it is now ORDERED, that the plaintiffs’ claims against defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., the predecessors, successors, subsidiaries and affiliated companies, are dismissed with prejudice as against said defendant only, without costs; and it is further. 26869133.v1 ORDERED, that all cross-claims against defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., are dismissed with prejudice and without costs. ___________________________________ HON. DEBORAH A. CHIMES, J.S.C. ENTER: ___________________________________ Clerk of the Court 26869133.v1 EXHIBIT A FILED: ERIE COUNTY CLERK 03/23/2020 04:34 PM INDEX NO. 802542/2019 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 03/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE JOSEPHINE E. MCCLURE, STIPULATION OF DISCONTINUANCE AGAINST FRONTIER INSULATION Plaintiffs, CONTRACTORS, [NC., AND INDUSTRIAL INSULATION SALES, INC., ONLY CBS CORPORATION, Index No. 802542/2019 f/k/a VIACOM INC. successor by merger to CBS CORPORATION f/k/a WESTINGHOUSE ELECTRICAL CORPORATION, et., al. Defendants. IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the attorneys of record for the plaintiff and defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., in the above-entitled action, that whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, discontinued as to defendants, FRONTIER INSULATION CONTRACTORS, INC. and INDUSTRIAL INSULATION SALES, INC., only. with prejudice and without costs to either party as against the other. This stipulation may be filed without further notice with the Clerk of the Court. March 23, 2020 , 2020 DATED: January GOLDBERG SEGALLA LLP LIPSITZ & PONTERIO, LLC BY: BY: Jason A. Botticelli, Esq. Mathew J. Morton, Esq. Attorneys for Defendants Frontier and Industrial Attorneys for Plaintiff 665 Main Street, Suite 400 424 Main Street, Suite 1500 Buffalo, New York 14203 Buffalo, NY 14202 25034820.v I 1 of 1