On June 25, 2019 a Motion,Ex Parte 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 03/18/2020 12:16 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 03/18/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --x In re: NEW YORK CITY ASBESTOS LITIGATION Index No.: 190153/2019 PANTELIS KAMMAS and KLEO KAMMAS, NOTICE OF MOTION Plaintiffs, -against- A.O. SMITH WATER PRODUCTS et al., Defendants. - x PLEASE TAKE NOTICE that upon reading and filing the annexed Affirmation of Lisa M. Pascarella, Esq., dated March 18, 2020, defendant Rheem Manufacturing Company (hereinafter "Rheem") will move this Court in Submission Part, Room 130 of the Supreme Court, New York County located at 60 Centre Street, New York, New York 16d' on the day of April, 2020 at 9:30 in the forenoon or as soon thereafter as counsel can be heard for an Order pursuant to CPLR § 3212(b): 1. Granting summary judgment in favor of Rheem on the ground that there is no evidence that plaintiff Pantelis Kammas was actually exposed to asbestos fibers released from a product manufactured, sold, supplied, distributed and/or installed by Rheem; 2. For such other and further relief as this court may deem just and proper. -1- 1 of 2 FILED: NEW YORK COUNTY CLERK 03/18/2020 12:16 PM INDEX NO. 190153/2019 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 03/18/2020 PLEASE TAKE FURTHER NOTICE that pursuant to CPLR § 2214(b), answering affidavits, if any, are to be served upon the undersigned at least seven (7) days prior to the return date of this motion. Dated: March 18, 2020 Holmdel, New Jersey Respectfully submitted, PASCARELLA DIVITA, PLLC Lisa M. Pascarella, Esq. Attorneys for Defendant RHEEM MANUFACTURING COMPANY 2137 Route 35, Suite 290 Holmdel, New Jersey 07733 TO: Jordan Fox, Esq. Belluck & Fox, LLP 546 Fifth Avenue, 4th Floor New York, New York 10036 Attorneys for Plaintiff -2- 2 of 2