On August 10, 2018 a Letter,Correspondence 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.
For full print and download access, please subscribe at https://www.trellis.law/.
Please wait a moment while we load this page.
Preview
iV l C G I V LU 0 /.\C O M ! v l l T M E N TTO E X C E L L E N C E 8 0 BROAD STREET, 23RD FLOOR NEW YORK, NEW YORK 10004 ( 2 1 2 ) 509-3456- T E L E P H O N E (212) 509-4420 - F A C S I M I L E www.mkclaw.us.com June 2 5 , 2 0 1 9 VIA NYSCEF and Hand Hon. Manuel J. Mendez. J . S . C . 6 0 Centre Street, Room 442 New York, New York 10013 Re: Munir Seen v.84 Lumber Company, et al. Index No.: 190225/2018 Dear Justice Mendez: Our office represents IP A Systems, Inc., in the above indicated matter. Enclosed please find two (2) Judicial Subpoena Duces Tecum, which we request the Court So-Order. The first subpoena will be issued to the U.S. Citizenship and Immigration Services ( U S C IS) to provide immigration records pertaining to the Plaintiff, as we have a good faith belief that Plaintiff's presence in the country during his alleged exposure period is in question. We are recently in receipt of an application from the Passaic County Board of Technical and Vocational Education, made by the Plaintiff where he listed two (2) previously unidentified jobs which, on their face, seem to have required Plaintiff to be in Jordan for substantial periods of time (example: loan officer at Petra Bank of Jordan). This was confirmed by the Plaintiff during a limited deposition, conducted on June 11 ,2019, where Plaintiff stated that he in fact worked at these jobs, but would travel back and forth from the United States to Jordan, while he was employed here as a drywaller. These records are necessary to establish Plaintiff's presence in the country generally, and/or to establish a timeline and scope of his time of alleged exposure working as drywaller. The second subpoena is for the Social Security Administration because as part of Plaintiff's testimony of June 1 L 2019. he claims to have been issued social security number xxx xx-7998 within days of his arrival in the United States on December 7, 1969. lnitially in the instant matter, Plaintiff provided social security number xxx-xx- 7754 as his proper number, however, after some investigation; it was found that Plaintiff had previously used an alias, as 1 BL FFALO. NY NJ FLORI!,\�! PARK, l'T FL LAl.'DERD,\lL I IARTFORl\ CT cA Los A:--:GE!.ES. (716)626-3583 (95-l J 8-18-3681 (973) 8 2 2 - 1 1 1 0 (860)-lO-l-3000 ( 2 1 3 ) 5 3 3 - -1 1 6 5 NEW YORK. N Y S A ! '\ l ' LOL%. Mo P H I L A D EL P ! I L \ . PA SP,\RTA, NJ NY SYRACl.'SE. DE \ViU!l;\GTO:--:. ( 2 1 2 ) 509-3-156 ( 2 1 5 ) 557-1990 (973) 726-4958 ( 3 1 4 ) 5 7 1 - -1 3 3 2 ( 3 1 5 ) -l 73-96-18 (302) 6 5 6 - 1 2 0 0 : N08784-l0-l } well as a separate social security number (xxx-xx- 7 9 9 8 ) . Itwould be under this number that any documentation or records would be issued. While the Plaintiff testified that most of his employment was paid off the books during the 1970's, there was at least one job, the Metal Cutting Corp., that Plaintiff testified to being paid on the books, therefore there should be some record of such employment. Parenthetically, we have received the itemize statement of earnings pertaining to the social security number xxx-xx- 7754, however, this record only begins in 2 0 0 3 , well after any exposure. We would request this Court issue the attached Judicial Subpoenas, so that we can submit said in conjunction with a Freedom of Information Act ("FOIA") request form and letter of explanation pursuant to 20 C.F.R § 401.180 to the USCIS and the Social Security Administration. Thank you in advance for your consideration in this matter. Should you have any question, please contact me, and I will be happy to answer the same. Very truly yours, ER & COOK, P.C. Nicholas P Iannuzzi, Esq. cc: All counsel (by NYSCEF) [NOS7S440-I) 2