On June 25, 2019 a Answer was filed involving a dispute between Kleo Kammas, Pantelis Kammas, and Aii Acquisition Corporation, Llc, Individually And As Successor-In-Interest To Athlone Industries, Inc. And Holland Furnace Company, American International Industries, Inc., A.O. Smith Water Products, Armstrong International, Inc., Atwood & Morrill Co., Inc. D B A Weir Valves & Controls Usa Inc., Aurora Pump Company, 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., Columbia Boiler Company Of Pottstown, Compudyne Corporation, Individually And As Successor To York-Shipley, Crane Co., Crown Boiler Co., Ecr International, Inc., Individually And As Successor To Dunkirk, Dunkirk Boilers And Utica Boilers, Flowserve Us, Inc., Solely As Successor To Rockwell Manufacturing Company, Edward Valves, Inc., Nordstrom Valves, Inc. And Edward Vogt Valve Company, Foster Wheeler, Llc, General Electric Company, Goulds Pumps, Inc., Grinnell Corporation, H.B. Smith Co., Inc., H.C. Oswald Supply Co., Inc., Honeywell International, Inc., Individually And F K A Alliedsignal, Inc., And As Successor-In-Interest To The Bendix Corp., International Comfort Products Llc, Individually And As Successor To Heil Heating And Cooling, I.T.T. Industries, Inc., Individually And As Successor To Bell & Gossett, Jenkins Bros., J.H. France Refractories Company, Individually And As Successor To Greenpoint Firebrick, Kohler Co., Lennox Industries, Inc., Individually And As Successor To Lennox Furnace Company And Ducane, Metropolitan Life Insurance Co., Nash Engineering Company, New Yorker Boiler Company, Inc., N & S Supply Of Fishkill, Inc., Pecora Corporation, Individually And As Successor To Pecora Corporation, New Pecora Corporation, And New Pecora Corporation, Inc., Peerless Industries, Inc., Pennco Inc., Rheem Manufacturing Company, Inc., Riley Power, Inc. F K A Babcock Borsig Power, Inc. And F K A Riley-Stoker Corporation D B A Db Riley, Inc., Rockwell Automation, Inc., Individually And As Successor To Allen Bradley, Timken Heating Business And S. Co., Inc. F K A Scaife Company, As Successor In Interest To Rockwell Spring & Axle Company’S Timken Silent Automatic Division, Sid Harvey Industries, Inc., Sid Harvey Supply, Inc., Spence Engineering Company, Inc., Spencer Heater, A Lycoming Division Of Avco Corporation, Taco, Inc., Texaco, Inc., Union Carbide Corporation, Warren Pumps Llc, Individually And As Successor To The Quimby Pump Company, Weil Mclain, A Division Of Marley-Wylain Company, William Powell Company, York International Corporation, Individually And As Successor To Frick Company, for Torts - Asbestos in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK PANTELIS KAMMAS AND KLEO KAMMAS, Index No.: 190153/2019 Plaintiff(s), VERIFIED ANSWER v. A.O. SMITH WATER PRODUCTS, et al., Defendants. Defendant A.O. SMITH WATER PRODUCTS COMPANY, (hereinafter “A.O. SMITH” or “Defendant”), by its attorneys Eckert Seamans Cherin & Mellott, LLC answering the Verified Complaint of plaintiffs’, PANTELIS KAMMAS and KLEO KAMMAS (collectively “Plaintiffs”), upon information and belief, alleges as follows: THE PARTIES 1. Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph “1” of the Plaintiffs’ Verified Complaint and, consequently, leaves Plaintiffs’ to their proofs. 2. Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph “2” of the Plaintiffs’ Verified Complaint. 3. Defendant A.O. SMITH neither admits nor denies the allegations contained in Paragraph “3” of the Plaintiffs’ Verified Complaint and leaves Plaintiffs’ to their proofs. {S0105052.1} 1 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 4. Paragraph “4” of the Plaintiffs’ Verified Complaint merely defines the collective term “Defendants” and contains no factual allegations to which a response would be required. To the extent Paragraph “4” could be interpreted as an allegation that A.O. SMITH is responsible for any products or services as a predecessor and/or successor-in-interest to any another party to this case, A.O. SMITH denies the allegations contained in Paragraph “4” of the Plaintiffs’ Verified Complaint. 5. Defendant A.O. SMITH denies the allegations contained in Paragraph “5” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “5” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 6. Defendant A.O. SMITH denies the allegations contained in Paragraph “6” of the Plaintiffs’ Verified Complaint, and refers all questions of law to this Court for determination at the time of trial. 7. Defendant A.O. SMITH does not answer the allegations of Paragraphs “7” through “55” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 56. Defendant A.O. SMITH denies the allegations contained in Paragraph “56” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “56” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 2 2 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 57. Defendant A.O. SMITH denies the allegations contained in Paragraph “57” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “57” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 58. Defendant A.O. SMITH denies the allegations contained in Paragraph “58” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “58” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 59. Defendant A.O. SMITH denies the allegations contained in Paragraph “59” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “59” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 60. Defendant A.O. SMITH denies the allegations contained in Paragraph “60” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “60” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 3 3 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 61. Defendant A.O. SMITH denies the allegations contained in Paragraph “61” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “61” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 62. Defendant A.O. SMITH denies the allegations contained in Paragraph “62” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “62” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 63. Defendant A.O. SMITH denies the allegations contained in Paragraph “63” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “63” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 64. Defendant A.O. SMITH denies the allegations contained in Paragraph “64” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “64” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 4 4 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 AS AND FOR AN ANSWER TO THE FIRST CAUSE OF ACTION 65. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “64” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 66. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “66” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to as to the truth of each and every allegation contained in Paragraph “66” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 67. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “67” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “67” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 68. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “68” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “68” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 69. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “69” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all {S0105052.1} 5 5 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “69” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 70. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “70” (a) through “70” (m) of Plaintiffs’ Verified Complaint, and refers all questions of law to this Court for determination at the time of trial, and Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “70” (a) through “70” (m) of the Plaintiffs’ Verified Complaint as itpertains to the remaining defendants in the Verified Complaint. 71. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “71” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant, A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “71” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 72. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “72” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “72” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 73. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “73” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all {S0105052.1} 6 6 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “73” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. AS AND FOR AN ANSWER TO THE SECOND CAUSE OF ACTION 74. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “73” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 75. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “75” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “75” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 76. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “76” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “76” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 77. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “77” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each {S0105052.1} 7 7 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 and every allegation contained in Paragraph “77” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 78. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “78” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “78” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. AS AND FOR AN ANSWER TO THE THIRD CAUSE OF ACTION 79. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “78” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 80. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “80” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “80” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 81. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “81” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “81” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 8 8 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 82. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “82” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “82” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 83. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “83” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “83” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 84. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “84” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “84” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 85. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “85” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “85” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 9 9 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 86. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “86” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “86” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 87. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “87” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “87” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 88. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “88” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant, A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “88” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. AS AND FOR AN ANSWER TO THE FOURTH CAUSE OF ACTION 89. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “88” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 90. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “90” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all {S0105052.1} 10 10 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “90” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 91. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “91” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “91” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 92. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “92” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “92” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 93. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “93” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “93” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 94. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “94” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all {S0105052.1} 11 11 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “94” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 95. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “95” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “95” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 96. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “96” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “96” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 97. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “97” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “97” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 98. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “98” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all {S0105052.1} 12 12 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “98” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 99. Defendant A.O. SMITH denies each and every allegation contained in Paragraphs “99” (a) through “99” (f) of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraphs “99” (a) through “99” (f) of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 100. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “100” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “100” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 101. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “101” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “101” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 13 13 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 102. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “102” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “102” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 103. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “103” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “103” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 104. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “104” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “104” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 105. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “105” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “105” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. {S0105052.1} 14 14 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 106. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “106” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “106” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 107. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “107” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “107” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. AS AND FOR AN ANSWER TO THE FIFTH CAUSE OF ACTION 108. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “107” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 109. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “109” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 110. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “110” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 111. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “111” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 112. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “112” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. {S0105052.1} 15 15 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019 04:41 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 29 RECEIVED NYSCEF: 08/14/2019 113. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “113” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 114. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “114” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. 115. Defendant A.O. SMITH does not answer the allegations contained in Paragraph “115” of the Plaintiffs’ Verified Complaint as same do not apply to this defendant. AS AND FOR AN ANSWER TO THE SIXTH CAUSE OF ACTION 116. Defendant A.O. SMITH herein repeats, reiterates and re-alleges each and every answer heretofore made to Paragraphs “1” through “115” of the Plaintiffs’ Verified Complaint as if set forth in full herein. 117. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “117” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “117” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 118. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “118” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers all questions of law to this Court for determination at the time of trial. Further responding, Defendant A.O. SMITH lacks any knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in Paragraph “118” of the Plaintiffs’ Verified Complaint as it pertains to the remaining defendants in the Verified Complaint. 119. Defendant A.O. SMITH denies each and every allegation contained in Paragraph “119” of the Plaintiffs’ Verified Complaint to the extent they pertain to A.O. SMITH and refers {S0105052.1} 16 16 of 41 FILED: NEW YORK COUNTY CLERK 08/14/2019