On May 11, 2018 a
Motion-Secondary
was filed
involving a dispute between
Raymond M Geraghty,
and
Airco, Inc.,
Amchem Products, Inc.,,
American Crane & Equipment Corp,
Baldwin-Lima-Hamilton Corporation,
Blh, Incorporated,
Borgwarner Morse Tec Llc,
Bucyrus International, Inc.,,
Caterpillar Global Mining, Llc,
Caterpillar Inc., Individually And As Successor To,
Caterpillar Industrial Inc. Individually And,
Certainteed Corporation,
Clark Equipment Company,
Cnh America, As Successor In Interest To,
Crane Co.,,
Crosby Valve Llc,
Cummins, Inc,
Deutz Corporation,
Fiatallis North America, Inc,
Fmc Corporation,,
Ford Motor Company,
General Electric Company,
Honeywell International, Inc.,,
Itt Llc.,,
Kobelco Construction Machinery U.S.A., Inc,
Link-Belt Construction Equipment Company,
Marion Power Shovel Company,
Owens-Illinois, Inc,
Perkins Engines, Inc,
Pettibone Michigan, Llc,,
Pfizer, Inc.,
P & H Mining Equipment, A Subsidiary Of,
Pneumo Abex Llc, Successor In Interest,
Roebuck And Co.,
Sears,
Terex Corporation,,
The Manitowoc Company, Inc.,
Union Carbide Corporation,
U.S. Rubber Company,
Yorktown Crane Corporation,
for Torts - Asbestos
in the District Court of New York County.
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HAWKINS PARNELL
H P Y Hawkins Parnell & Young, LLP
600 Lexington Avenue, 8th Floor
New York, NY 10022
Di ect: 646-589-8724
Email: mtripicco@hpylaw.com
March 5, 2019
Via NYSCEF only
Christopher Romanelli, Esq.
WEITZ & LUXENBERG, P.C.
700 Broadway
New York, New York 10003
e.: cromanelli@weitzlux.com
RE: Raymond M. Geraghty v. AIRCO, Inc., et al.
N.Y. Index No.: 190149/2018
Our File No.: 5927.266392
Dear Chris:
As you are aware, this office represents the Defendant, PETTIBONE/TRAVERSE LIFT,
L.L.C., s/h/a PETTIBONE MICHIGAN, LLC, f/k/a and or successors in interest to PETTIBONE
MICHIGAN CORPORATION, f/k/a and or successor in interest to PETTIBONE
"Pettibone"
CORPORATION (hereinafter or "Defendant"), with respect to the above-referenced
matter.
The deposition of Raymond Geraghty occurred on or about September 5, 2018. At that
Mr. denied that he was exposed to asbestos Pettibone products.
time, Geraghty by Accordingly,
pursuant to Sec. XXI and XXII (B) of this Court's Case Management Order dated June 20, 2017
("CMO"), we ask that you kindly execute the enclosed Unepposed Surrey Judgment Motion
against Pettibone in this matter.
("USJM")
If you do not intent to consent to the enelesed USJM, the CMO requires that you advise
us of same within ten
(10)
days of receipt of this letter, and further, to provide a statement
outlining
the reasons for your refusal. To that end, and pursuant to CPLR Art. 31, et seq., we
demand that you immaain±ely identify
all witnesses and describe all
testimony and/or evidence
that you intend to
rely
upon to establish that Mr. Geraghty was exposed to asbestos
by Petthene
products. We further demand that you immediately identify
the Pettibone product(s)
that you
allege caused Mr. Geraghty to be exposed to asbestos, and to describe the date and precise nature
of such exposure.
hpylaw.com
12576823v.1
HAWKINS PARNELL
H P Y Hawkins Parnell & Young, LLP
Should you have any quesEens or concerns, please do not hesitate to contact the
undersigned. We thank you for your anticipated cooperation.
Yours, etc.,
.
M chael S. Tripicco
Associate
Hawkins Parnell & Young, LLP
hpylaw.com
12576823v.1
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF NEW YORK
NYCAL
IN RE: NEW YORK CITY
ASBESTOS LITIGATION I.A.S. Part 13
(Mendez, J.)
RAYMOND GERAGHTY, Index No.: 190149/2018
Plaintiff(s), UNOPPOSED SUMMARY
JUDGMENT MOTION AND ORDER
-against-
AIRCO, INC., et al.,
Defendants.
WHEREFORE, Defendant, PETTIBONE/TRAVERSE LIFT, L.L.C., s/h/a “PETTIBONE MICHIGAN,
LLC, f/k/a and or successors in interest to PETTIBONE MICHIGAN CORPORATION, f/k/a and or successor
in interest to PETTIBONE CORPORATION,” (hereinafter “PETTIBONE”), hereby requests summary
judgment in the above-entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing Plaintiff’s
complaint against Defendant, PETTIBONE, with prejudice, and there being no opposition thereto,
ORDERED, that, upon prior notice to all co-defendants, and absent of any opposition, all claims and
cross claims against Defendant, PETTIBONE, be and the same are hereby dismissed with prejudice and without
costs.
Dated: , 2019 Dated: , 2019
New York, New York New York, New York
Christopher Romanelli, Esq. Michael S. Tripicco, Esq.
WEITZ & LUXENBERG, PC HAWKINS PARNELL & YOUNG LLP
Attorneys for Plaintiffs, Attorneys for Defendant,
RAYMOND GERAGHTY, PETTIBONE/TRAVERSE LIFT, L.L.C.
700 Broadway 600 Lexington Avenue, 8th Floor
New York, New York 10003 New York, New York 10022-7678
p.: (212) 558-5500 p.: (212) 897-9655
f.: (212) 344-5461 f.: (646) 589-8700
e.: mtripicco@hpylaw.com
Our File No.: 5927.281539
SO ORDERED,
Hon. Manuel J. Mendez, J.S.C.
- 1 of 1 -
12576117v.1
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF NEW YORK
NYCAL
IN RE: NEW YORK CITY
ASBESTOS LITIGATION I.A.S. Part 13
(Mendez, J.)
RAYMOND GERAGHTY, Index No.: 190149/2018
Plaintiff(s),
-against-
AIRCO, INC., et al.,
Defendants.
AFFIRMATION OF SERVICE
I, MICHAEL S. TRIPICCO, an attorney duly licensed to practice law before the Courts of the
State of New York and who is not a party to the above-captioned action, and counsel for Defendants,
PETTIBONE/TRAVERSE LIFT, L.L.C., s/h/a “PETTIBONE MICHIGAN, LLC, f/k/a and or
successors in interest to PETTIBONE MICHIGAN CORPORATION, f/k/a and or successor in interest
to PETTIBONE CORPORATION,” (hereinafter “PETTIBONE”), hereby affirms, pursuant to CPLR §
2016, that on March 5, 2019, I served a true-and-correct copy of the foregoing “UNOPPOSED
SUMMARY JUDGMENT MOTION AND ORDER” upon:
All counsel of record via NYSCEF.
DATED: March 5, 2019
New York, New York
____________________________
MICHAEL S. TRIPICCO
- 1 of 1 -
12576117v.1
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HAWKINS PARNELL H P Y Hawkins Parnell & Young, LLP 600 Lexington Avenue, 8th Floor New York, NY 10022 Di ect: 646-589-8724 Email: mtripicco@hpylaw.com March 5, 2019 Via NYSCEF only Christopher Romanelli, Esq. WEITZ & LUXENBERG, P.C. 700 Broadway New York, New York 10003 e.: cromanelli@weitzlux.com RE: Raymond M. Geraghty v. AIRCO, Inc., et al. N.Y. Index No.: 190149/2018 Our File No.: 5927.266392 Dear Chris: As you are aware, this office represents the Defendant, PETTIBONE/TRAVERSE LIFT, L.L.C., s/h/a PETTIBONE MICHIGAN, LLC, f/k/a and or successors in interest to PETTIBONE MICHIGAN CORPORATION, f/k/a and or successor in interest to PETTIBONE "Pettibone" CORPORATION (hereinafter or "Defendant"), with respect to the above-referenced matter. The deposition of Raymond Geraghty occurred on or about September 5, 2018. At that Mr. denied that he was exposed to asbestos Pettibone products. time, Geraghty by Accordingly, pursuant to Sec. XXI and XXII (B) of this Court's Case Management Order dated June 20, 2017 ("CMO"), we ask that you kindly execute the enclosed Unepposed Surrey Judgment Motion against Pettibone in this matter. ("USJM") If you do not intent to consent to the enelesed USJM, the CMO requires that you advise us of same within ten (10) days of receipt of this letter, and further, to provide a statement outlining the reasons for your refusal. To that end, and pursuant to CPLR Art. 31, et seq., we demand that you immaain±ely identify all witnesses and describe all testimony and/or evidence that you intend to rely upon to establish that Mr. Geraghty was exposed to asbestos by Petthene products. We further demand that you immediately identify the Pettibone product(s) that you allege caused Mr. Geraghty to be exposed to asbestos, and to describe the date and precise nature of such exposure. hpylaw.com 12576823v.1 HAWKINS PARNELL H P Y Hawkins Parnell & Young, LLP Should you have any quesEens or concerns, please do not hesitate to contact the undersigned. We thank you for your anticipated cooperation. Yours, etc., . M chael S. Tripicco Associate Hawkins Parnell & Young, LLP hpylaw.com 12576823v.1 SUPREME COURT OF STATE OF NEW YORK COUNTY OF NEW YORK NYCAL IN RE: NEW YORK CITY ASBESTOS LITIGATION I.A.S. Part 13 (Mendez, J.) RAYMOND GERAGHTY, Index No.: 190149/2018 Plaintiff(s), UNOPPOSED SUMMARY JUDGMENT MOTION AND ORDER -against- AIRCO, INC., et al., Defendants. WHEREFORE, Defendant, PETTIBONE/TRAVERSE LIFT, L.L.C., s/h/a “PETTIBONE MICHIGAN, LLC, f/k/a and or successors in interest to PETTIBONE MICHIGAN CORPORATION, f/k/a and or successor in interest to PETTIBONE CORPORATION,” (hereinafter “PETTIBONE”), hereby requests summary judgment in the above-entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing Plaintiff’s complaint against Defendant, PETTIBONE, with prejudice, and there being no opposition thereto, ORDERED, that, upon prior notice to all co-defendants, and absent of any opposition, all claims and cross claims against Defendant, PETTIBONE, be and the same are hereby dismissed with prejudice and without costs. Dated: , 2019 Dated: , 2019 New York, New York New York, New York Christopher Romanelli, Esq. Michael S. Tripicco, Esq. WEITZ & LUXENBERG, PC HAWKINS PARNELL & YOUNG LLP Attorneys for Plaintiffs, Attorneys for Defendant, RAYMOND GERAGHTY, PETTIBONE/TRAVERSE LIFT, L.L.C. 700 Broadway 600 Lexington Avenue, 8th Floor New York, New York 10003 New York, New York 10022-7678 p.: (212) 558-5500 p.: (212) 897-9655 f.: (212) 344-5461 f.: (646) 589-8700 e.: mtripicco@hpylaw.com Our File No.: 5927.281539 SO ORDERED, Hon. Manuel J. Mendez, J.S.C. - 1 of 1 - 12576117v.1 SUPREME COURT OF STATE OF NEW YORK COUNTY OF NEW YORK NYCAL IN RE: NEW YORK CITY ASBESTOS LITIGATION I.A.S. Part 13 (Mendez, J.) RAYMOND GERAGHTY, Index No.: 190149/2018 Plaintiff(s), -against- AIRCO, INC., et al., Defendants. AFFIRMATION OF SERVICE I, MICHAEL S. TRIPICCO, an attorney duly licensed to practice law before the Courts of the State of New York and who is not a party to the above-captioned action, and counsel for Defendants, PETTIBONE/TRAVERSE LIFT, L.L.C., s/h/a “PETTIBONE MICHIGAN, LLC, f/k/a and or successors in interest to PETTIBONE MICHIGAN CORPORATION, f/k/a and or successor in interest to PETTIBONE CORPORATION,” (hereinafter “PETTIBONE”), hereby affirms, pursuant to CPLR § 2016, that on March 5, 2019, I served a true-and-correct copy of the foregoing “UNOPPOSED SUMMARY JUDGMENT MOTION AND ORDER” upon: All counsel of record via NYSCEF. DATED: March 5, 2019 New York, New York ____________________________ MICHAEL S. TRIPICCO - 1 of 1 - 12576117v.1