On June 25, 2019 a Motion-Secondary 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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David E. Rutkowski |Partner Direct 973.681.7015| drutkowski@goldbergsegalla.com September 13, 2019 Via NYSCEF and Regular Mail Jordan Fox, Esq. Belluck & Fox, LLP 546 Fifth Avenue, 4th Floor New York, New York 10036 Re: Kammas vs. A.O. Smith Water Products, et al. Index No: 190153/2019 Dear Mr. Fox: This office represents N&S SUPPLY OF FISHKILL, INC. in the above referenced matter. Enclosed please find an Unopposed Summary Judgment Motion and Order for the above referenced case on behalf of my client, N&S SUPPLY OF FISHKILL, INC. We kindly request that you sign the enclosed an Unopposed Summary Judgment Motion and Order dismissing defendant N&S SUPPLY OF FISHKILL, INC. and return the signed original to my attention for filing. Should you decline to sign the order, please advise as to the basis of plaintiff's claims against N&S SUPPLY OF FISHKILL, INC. as soon as possible. Please note, pursuant to the said CMO, a response should be tendered. Thank you for your attention to this matter. Should you need any additional information, I can be contacted at (973) 681-7015. Very truly yours, David E. Rutkowski DER:pmp Enclosures cc: Defense Counsel via ECF Please send mail to our scanning center at: PO Box 847, Buffalo, NY 14201 Office Location: 1037 Raymond Boulevard, Suite 1010, Newark, NJ 07102 | 973.681.7000 | Fax: 973.681.7101 | www.goldbergsegalla.com CALIFORNIA | CONNECTICUT | FLORIDA | ILLINOIS | NEW JERSEY | NEW YORK | NORTH CAROLINA | MARYLAND | MISSOURI | PENNSYLVANIA | UNITED KINGDOM 23967213.v1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION NYCAL This Document Relates to: I.A.S. Part 13 (Mendez) Index No.: 190153/2019 PANTELIS KAMMAS and KLEO KAMMAS UNOPPOSED SUMMARY JUDGMENT MOTION AND ORDER WHEREFORE, defendant N&S SUPPLY OF FISHKILL, INC., requests summary judgment in the above entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing the complaint and cross-claims against N&S SUPPLY OF FISHKILL, INC. with prejudice, and after notice to all co-defendants there is no opposition, it is ORDERED that all claims and cross claims against defendant N&S SUPPLY OF FISHKILL, INC. are dismissed with prejudice and without costs. Dated: Newark, NJ September ____, 2019 __________________________________ __________________________________ Jordan Fox David E. Rutkowski Attorney for Plaintiffs Attorney for Defendant Pantelis Kammas and Kleo Kammas N&S SUPPLY OF FISHKILL, INC. BELLUCK & FOX, LLP Goldberg Segalla LLP 546 Fifth Avenue, 4th Floor 1037 Raymond Blvd., Suite 1010 New York, New York 10036 Newark, NJ 07102 (212) 681-1575 (973) 681-7000 SO ORDERED, Hon. Manuel J. Mendez AFFIDAVIT OF SERVICE STATE OF NEW YORK ) : ss.: COUNTY OF NEW YORK ) Peter Pinkhasov, being duly sworn, deposes and says that deponent is not a party to the action, is over 18 years of age, and residing in the State of New York, County of Queens, that on this 1 day of September, 2019 deponent caused to be served the within UNOPPOSED SUMMARY JUDGMENT MOTION AND ORDER ON BEHALF OF N&S SUPPLY FISHKILL, INC. upon the following: Jordan Fox Belluck & Fox, LLP 4th 546 Fifth Avenue, FlOOr New York, New York 10036 Attorney for Plaintiff and All known defense counsel via NYSCEF at the above addresses designated for the purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper in an official depository under the exclusive care and custody of the United States Postal Service with the State of New York. PETER PINKHASOV Subscri . dand sworn to before me on this _ day o September, 2019 CHANTEL DRAYTON NOTARY PUBLIC-STATE OF NEW YORK .- Pubhc No.01DR6324209 Notary My Qualified Commission in Bronx Expires County May 04, 20JA 4