On August 10, 2018 a
Motion-Secondary
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.
Preview
FILED: NEW YORK COUNTY CLERK 02/21/2019 09:56 AM INDEX NO. 190225/2018
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 02/21/2019
At IAS Part 13 of the Supreme Court of the
State of New York, held in and for the County
of New York at 60 Centre Street, New York,
New York on the ____ day of ___________,
2019.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
--------------------------------------------------------------------X
IN RE: NEW YORK CITY ASBESTOS LITIGATION Honorable Manuel J. Mendez
--------------------------------------------------------------------X
MUNIR SEEN, Index No.: 190225/2018
ORDER TO SHOW CAUSE
Plaintiff,
- against -
84 LUMBER COMPANY, et al.,
Defendants.
--------------------------------------------------------------------X
Upon the annexed affirmation of Mark L. Wasef, Esq., dated February 19, 2019, and upon all
prior pleadings and proceeding had herein;
NOW, on motion of LEWIS, BRISBOIS, BISGAARD & SMITH, LLP, counsel of record
for KAISER GYPSUM COMPANY, INC.,
LET any party show cause before this Court at IAS Part ___, in Courtroom ___, before
Honorable Manuel J. Mendez, Justice of the Supreme Court of the State of New York, to be held in and
for the County of New York, at the Courthouse located at 60 Centre Street, Room 442 New York,
New York on the _______ day, of __________ 2019, at _____ a.m./p.m. of that day, or as soon
thereafter as counsel can be heard, why an Order should not be made and entered:
1) Pursuant to NYCAL CMO Section III.C granting KAISER GYPSUM COMPANY,
INC.’s appeal and reversal of Special Master Olsen’s February 13, 2019 Order
1 of 2
FILED: NEW YORK COUNTY CLERK 02/21/2019 09:56 AM INDEX NO. 190225/2018
NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 02/21/2019
granting IPA SYSTEM, INC.’s (Penn Crete Joint Compound) application to file an
untimely Third-Party Complaint against KAISER GYPSUM COMPANY, INC.,
pursuant to NYCAL CMO Section XVIII.B;
2) Granting such other and further relief as is Court just and proper.
SUFFICIENT CAUSE being alleged therefore, it is hereby
ORDERED, that service of a copy of this Order to Show Cause, together with the papers
upon which it is granted shall be deemed good and sufficient service if served upon counsel for
Plaintiff and non-moving Defendants, via NYSCEF, on or before the ___ day of _________, 2019;
and it is further
ORDERED, that any opposition papers shall be served, via NYSCEF, upon Lewis,
Brisbois, Bisgaard & Lewis, LLP, attorneys for Kaiser Gypsum Company, Inc., located at 77 Water
Street, 21st Floor, New York, New York, 10005, on or before the ________ day of ________ , 2019,
and reply papers, if any, shall be served, via NYSCEF, on or before the ________ day of
________ , 2019.
E N T E R,
______________________________________
HON. MANUEL J. MENDEZ, J.S.C.
2 of 2
Preview
FILED: NEW YORK COUNTY CLERK 02/21/2019 09:56 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 02/21/2019 At IAS Part 13 of the Supreme Court of the State of New York, held in and for the County of New York at 60 Centre Street, New York, New York on the ____ day of ___________, 2019. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------------X IN RE: NEW YORK CITY ASBESTOS LITIGATION Honorable Manuel J. Mendez --------------------------------------------------------------------X MUNIR SEEN, Index No.: 190225/2018 ORDER TO SHOW CAUSE Plaintiff, - against - 84 LUMBER COMPANY, et al., Defendants. --------------------------------------------------------------------X Upon the annexed affirmation of Mark L. Wasef, Esq., dated February 19, 2019, and upon all prior pleadings and proceeding had herein; NOW, on motion of LEWIS, BRISBOIS, BISGAARD & SMITH, LLP, counsel of record for KAISER GYPSUM COMPANY, INC., LET any party show cause before this Court at IAS Part ___, in Courtroom ___, before Honorable Manuel J. Mendez, Justice of the Supreme Court of the State of New York, to be held in and for the County of New York, at the Courthouse located at 60 Centre Street, Room 442 New York, New York on the _______ day, of __________ 2019, at _____ a.m./p.m. of that day, or as soon thereafter as counsel can be heard, why an Order should not be made and entered: 1) Pursuant to NYCAL CMO Section III.C granting KAISER GYPSUM COMPANY, INC.’s appeal and reversal of Special Master Olsen’s February 13, 2019 Order 1 of 2 FILED: NEW YORK COUNTY CLERK 02/21/2019 09:56 AM INDEX NO. 190225/2018 NYSCEF DOC. NO. 109 RECEIVED NYSCEF: 02/21/2019 granting IPA SYSTEM, INC.’s (Penn Crete Joint Compound) application to file an untimely Third-Party Complaint against KAISER GYPSUM COMPANY, INC., pursuant to NYCAL CMO Section XVIII.B; 2) Granting such other and further relief as is Court just and proper. SUFFICIENT CAUSE being alleged therefore, it is hereby ORDERED, that service of a copy of this Order to Show Cause, together with the papers upon which it is granted shall be deemed good and sufficient service if served upon counsel for Plaintiff and non-moving Defendants, via NYSCEF, on or before the ___ day of _________, 2019; and it is further ORDERED, that any opposition papers shall be served, via NYSCEF, upon Lewis, Brisbois, Bisgaard & Lewis, LLP, attorneys for Kaiser Gypsum Company, Inc., located at 77 Water Street, 21st Floor, New York, New York, 10005, on or before the ________ day of ________ , 2019, and reply papers, if any, shall be served, via NYSCEF, on or before the ________ day of ________ , 2019. E N T E R, ______________________________________ HON. MANUEL J. MENDEZ, J.S.C. 2 of 2