On August 10, 2018 a Motion,Ex Parte was filed involving a dispute between Sinar Seen Individually And As Administrator Of The Estate Of Munir Seen, Deceased, and 84 Lumber Company, Aerco International, Inc., Algoma Hardwoods, Inc., Benjamin Moore & Company, Bmce Inc., In Itself And As Successor To United Centrifugal Pump Co., 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, Conwed Corporation, Crane Co., Dap, Inc. N K A La Mirada Products, Inc., Foster Wheeler Energy Corporation, General Electric Company, Industrial Holdings Corporation F K A The Carborundum Company, Ingersoll-Rand Company, Ipa Systems, Inc., John Crane Inc., John Doe 1 Through John Doe 75, Kaiser Gypsum Company, Inc., Kelly Moore Paint Company Inc., Mario & Dibono Fireproofing Corp., Mario & Dibono Plastering Co. Inc., Mckesson Corporation, Metropolitan Life Insurance Company, Pfizer, Inc., Sherwin-Williams Automotive Finishes Corporation, Simpson Timber Company, Tishman Construction Company, Turner Construction Company, Union Carbide Corporation, U.S. Plywood A K A International Paper Company, Weyerhaeuser Company, for Torts - Asbestos in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 237 RECEIVED NYSCEF: 08/27/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -------------------------------------------------------------------- X IN RE: NEW YORK CITY : ASBESTOS LITIGATION : ------------------- ---------------------------------------X SINAR SEEN, Individually and as Temporary Index No. .: 190225/2018 Administrator of the Estate of MUNIR SEEN, deceased : : : Plaintiff, : - - OF against : NOTICE MOTION 84 LUMBER COMPANY, et al., : : : Defendants. ; : ------------------------------------------ --------------- X IPA SYSTEMS, INC. (PENN CRETE JO1NT : COMPOUND) : Third-Party Plaintiff, : - against - : KAiSER GYPSUM COMPANY, INC., : Third-Party Defendant. ------------ --------------------------------------------- X PLEASE TAKE NOTICE, that upon the annexed Affirmation of Sarah Schaeffer-Roth, sworn to on August 27, 2019, the accompanying Memorandum of Law and the exhibits annexed hereto, Defendant KAISER GYPSYM CORPORATION (hereinafter referred to as "Kaiser Gypsum"), will move this Court at the New York County courthouse located at 60 Centre Street, 18* New York, New York, 10007 on the day of September, 2019, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard, for an Order: 1 of 2 FILED: NEW YORK COUNTY CLERK 08/27/2019 03:08 PM INDEX NO. 190225/2018 NYSCEF DOC. NO. 237 RECEIVED NYSCEF: 08/27/2019 a) dismissing all of Plaintiff's causes of action asserted against Kaiser Gypsum in their entirety pursuant to CPLR §§ 3211 (a) (5) on the ground that the statute of limitations bars the plaintiff's claims against Kaiser Gypsum; and b) for such other and further reliefas this Court deems just and proper. PLEASE TAKE FURTHERNOTICEthatpursuantto CPLR§2214(b)answeringaffidavits, ifany, must be served upon the undersigned at least seven (7) days prior to the retum date of this motion. Dated; New York, New York August 27, 2019 LEWIS, BRISBOIS, BISGAARD & SMITH, LLP /s/ Sarah Schaeffer-Roth By: ah Schaeffer-Roth Attorneys for Defendant KAISER GYPSUM CORPORATION 77 Water Street, Suite 2100 New York, New York 10005 (212) 232-1300 File No. 34473.81 2 2 of 2