FILED: ALBANY COUNTY CLERK 10/09/2015 04:52 PM
`FILED: ALBANY COUNTY CLERK 10m2015 04:52 PM
`
`NYSCEF DOC. NO.
`7
`NYSCEF DOC. NO. 7
`Supreme Court ofthe State of New York
`
`INDEX NO. 901168/2015
`INDEX NO~ 901168/2015
`
`
`
`
`
`RaCaIVaD yYSCEF: 10/09/2015
`RECEIVED NYSCEF: 10/09/2015
`
`
`
`County Of Albany
`
`James v. Wright Ill and Sharon E. Wright
`Plaintiff
`
`VS:
`
`Air & Liquid Systems Corporation, as successor-by—merger to Buffalo
`Pumps, Inc, ET AL
`Defendant
`
`STATE OF NY COUNTY OF NEW YORK:SS
`
`'“dex Number: 901168/2015
`Affidavit of Service of
`
`Summons and Verified Complaint with Notice of
`Commencement of Action Subject to Mandatory Electronic
`Filing
`
`The undersigned, being duly sworn, deposes and says: deponent is not a party herein, is over 18 years of age and resides in Colts
`Neck, NJ.
`That on 10/6/2015 at 12:08:00 PM at the address:
`
`330 Central Avenue
`
`Clark, NJ 07066
`
`Deponent served the within Summons and Verified Complaint with Notice of Commencement of Action Subject to Mandatory
`Electronic Filing
`
`UPON: Karnak Corporation
`
`By personally delivering a true copy of the Summons and Verified Complaint with Notice of Commencement of Action Subject to
`Mandatory Electronic Filing
`
`to SUSANA MARTINEZ, Authorized Agent thereof.
`
`Deponent describes the person actually served as follows:
`Sex:
`Female
`
`Skin:
`
`Hair:
`
`Age
`
`Height:
`
`Weight
`
`White
`
`Blonde
`
`2329
`
`Sitting
`
`115
`
`| asked the person spoken to whether said served was in active military service of the United States or of the State of New York in
`any capacity whatsoever and received a negative response. Said served wore ordinary civilian clothing and no military» niform. The
`
`
`-~.
`
`Of r“
`
`QUALIFIED
`.
`06f Bronx
`
`COMMISSlON Expires:
`
`10/6/2015
`
`Tuesday, July 31, 2018
`
`
`
`llllllllllllllllll
`Job #; 71135
`
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`James 77
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`Nicoletti attains; in'c'f
`
`i’éé’rxla‘s's‘a’u'Street,”Suite 4‘12? Neerork, N‘éw’Y’o'r'k' 110038 'Agericy’Licenserrz'0923666
`
`

`

`Supreme Court of the State of New York
`
`County Of Albany
`
`James v. Wright III and Sharon E. Wrigh
`Plaintiff
`
`VS.
`
`Air & Liquid Systems Corporation, as successor—by—merger to Buffalo
`Pumps, |nc., ET AL
`Defendant
`
`STATE OF NY COUNTY OF NEW YORK:SS
`
`‘ndex Number: 9011580015
`Affidavit of Service of
`
`Summons and Verified Complaint with Notice of
`Commencement of Action Subject to Mandatory Electronic
`Filing
`
`The undersigned, being duly sworn, deposes and says: deponent is not a party herein, is over 18 years of age and resides in Colts
`Neck, NJ.
`
`That on 10/6/2015 at 1:15:00 PM at the address:
`
`115 Tabor Road
`
`Morris Plains, NJ 07950
`
`Deponent served the within Summons and Verified Complaint with Notice of Commencement of Action Subject to Mandatory
`Electronic Filing
`
`UPON: Honeywell International, Inc.
`f/k/a Allied Signal, lnc./ Bendix
`
`By personally delivering a true copy of the Summons and Verified Complaint with Notice of Commencement of Action Subject to
`Mandatory Electronic Filing
`
`to SARAH SLOVER, Authorized Agent thereof.
`
`Deponent describes the person actually served as follows:
`Sex:
`Female
`
`Skin:
`
`Hair:
`
`Age
`
`Height:
`
`Weight
`
`White
`
`Blonde
`
`45—50
`
`5ft 3in-5ft 6in
`
`120—130
`
`| asked the person spoken to whether said served was in active military service of the United States or of the State of New York in
`any capacity whatsoever and received a negative response. Said served wore ordinary civilian clothing and no military uniform. The
`grounds of this belief and the source of my information in this regard are the observations and conversations accounted above.
`Hence upon information and belief, I assert that the recipient is not in militaw service oftheUnitéd Stat s orpf New York State as
`the term is defined in the state or in the Federal Statutes.
`/
`,
`
`/
`
`
`
`,
`
`Swornt/ob ore meg
`..
`10/6/2015
`
`
`)1 tary Public: Stat or New
`.
`’ NO: O1HY60458\
`QUALIFIED lN: County or “é’rbnx
`COMMISSION Expires:
`
`Tuesday. July 31. 2018
`
`/
`
`
`
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`$7
`
`
`James;
`Licfiafige NO: 826606
`x”
`
`mummmm
`Job #2 71133
`
`Nicoletti & Harris, lnc. 1327Naflssau Street, Suite 412 New York, New York 10038 Agency Licenseff: 0923666
`
`V
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ALBANY
`————————————————————————————————————————————————————————————————————————Index No.: 901168—15
`
`JAMES V. WRIGHT III and SHARON E. WRIGHT,
`
`Plaintiff(s),
`
`~against—
`
`AIR & LIQUID SYSTEMS CORPORATION,
`as successor— by- merger to BUFFALO PUMPS, INC, et al.,
`
`_______________________________________________________________________X
`
`Defendant(s).
`
`I, Zahid Nawaz, State of Delaware, County of New Castle, being duly sworn, say
`on the 7th day of October, 2015 at 10:30 am, I personally served a copy of a
`SUMMONS AND VERIFIED COMPLAINT WITH NOTICE OF COMMENCEMENT
`
`OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING on the defendant
`
`FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN
`PUIVIP BUSINESSES, 1735 Market Street, Philadelphia, PA 19103.
`
`Name of individual accepting service: Margaret Christy
`Description of individual: White female, 60 years old, 5’7” tall, lZOlbs with blonde hair.
`
`
`
`
`
`Notary Publi
`
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`My commission exghibgi REY M. 0/
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`sworn before me
`
`this 7t
`
`ay f October, 20
`
`

`

`Supreme Court of the State of New York
`
`County Of Albany
`
`Edames V.Wrightllluand Sham E. Wright
`EPlaintiff
`
`'
`
`Index Number: 901168/2015
`
`Affidavit of Service of
`
`Summons and Verified Complaint with Notice of
`Commencement of Action Subject to Mandatory Electronic
`EAir & Liquid Systems Corporation, as successor—by—merger to Buffalo E F'I'ng
`
`§Pumps, |nc., ET AL
`§D§f9.0.qfi.0t..
`,
`,.
`,
`,
`,
`
`STATE OF NY COUNTY OF NEW YORK:SS
`
`The undersigned, being duly sworn, deposes and says: deponent is not a party herein, is over 18 years of age and resides in Colts
`Neck, NJ.
`
`That on 10/5/2015 at 4:20:00 PM at the address:
`
`Route 173 At Frontage Road
`
`Clinton, NJ 08809
`
`Deponent served the within Summons and Verified Complaint with Notice of Commencement of Action Subject to Mandatory
`Electronic Filing
`
`UPON: Foster Wheeler, L.L.C.
`
`By personally delivering a true copy of the Summons and Verified Complaint with Notice of Commencement of Action Subject to
`Mandatory Electronic Filing
`
`to TRACEY WHETZEL, Authorized Agent thereof.
`
`Deponent describes the person actually served as follows:
`Sex:
`Female
`
`Skin:
`
`Hair:
`
`Age
`
`Height:
`
`Weight
`
`White
`
`Blonde
`
`23-29
`
`5ft 7ins-5ft 9ins
`
`130-160
`
`| asked the person spoken to whether said served was in active military service of the United States or of the State of New York in
`any capacity whatsoever and received a negative response. Said served wore ordinary civilian clothing and no military uniform. The
`grounds of this belief and the source of my information in this regard are the observations and conversations a _ ounted above.
`Hence upon information and belief, I assert that the recipient is not in military service of the United States
`ew York State as
`the term is defined in the state or in the Federal Statutes.
`10/7/2015
`
`
`
`
`
`
`
`. ary Public: State Of
`NO: O1HY6045811
`
`
`QUALIFIED IN: County or Bronx
`COMMlSSlON Expires:
`
`Tuesday, July 31, 2018
`
`2»
`3x
`" _
`
`,
`
`/W .,
`
`
`
`
`Jan? Nicoletti
`1:52 nse NO: 826606
`deaf
`
`"IEIIEHEHIIEI"
`Job #: 71128
`
`

`

`SUPREME COURT
`COUNTY OF ALBANY STATE OF NEW YORK
`JAMES V. WRINGT III and SHARON E. WRIGH
`
`Afiidavit ofService
`
`against
`
`Plaintifl(s)/Peririoner(s)
`
`Index No.90] 1 68/2015
`Date Filed: 9/21/15
`
`AIR & LIQUID SYSTEMS CORPORATION, et a1.
`
`De tendamcsZ/Respondentfis2
`
`NEW YORK STATE, COUNTY OF ONONDAGA § JOSEPH P LEONARD
`The undersigned, being duly sworn, deposes and says; that deponent is not a party herein, is over 18 years of age and served a
`SUMMONS AND VERIFIED COMPLAINT WITH NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY
`
`ELECTRONIC FILING in the above titled action or proceeding upon GOULDS PUMPS, INC.
`FALL ST., SENECA FALLS, NY 13148 On the 2ND day of OCTOBER 2015 at 3:57 PM.
`
`(herein called the recipient) at 240
`
`Dlndividual
`
`by delivering a true copy of each to said recipient personally. Deponent knew the person served to be the person
`described as said person therein .
`
`.Corporation
`
`by delivering thereat a true copy of each to MARY BATSON personally. Deponent knew said corporation so
`served to be the corporation described therein, and knew said individual to be MANAGING AGENT thereof.
`
`a person of suitable age and discretion. Said premises is
`DSuitable Age by delivering thereat a true copy of each to
`defendant’s/respondent’s actual
`within the State.
`
`DAffixing
`
`by affixing a true copy of each to the door of said premises, which is defendant’s/respondent’s actual
`within the State. Deponent was unable with due diligence to find defendant/respondent or a person of
`suitable age and discretion, thereat, having called there on
`
`DMailing
`
`deponent enclosed a copy in a postpaid envelope properly addressed to defendant/respondent
`On
`and Deposited said envelope in an official depository under the exclusive care and custody of the US.
`at
`Postal Service within the State of New York. The envelope bore the legend “ Personal & Confidential” and did not
`indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or
`concerned an action against the defendant/respondent.
`
`A description of the defendant/respmzdent OR the person served on behalf of the defendanflrespondent is as follows:
`Sex: FEMALE Skin Color: WHITE Hair Color: BROWN Approximate Age: 52 Approximate Height: 5’4”
`Approximate Weight: 150 Other Identifying Features: GLASSES
`
`Sworn to before me this 5TH day of October , 2015
`
`JOSEPH P LEONARD
`Mary M. ‘razier
`ii
`‘
`
`
`
`Notary Public, State of New York
`No. 01FR5011156
`Qualified in Onondaga County
`Commission Expires 4/12/20] 9
`
`
`
`

`

`AFFIDAVIT OF SERVICE
`
`State of NEW YORK
`
`County of ALBANY
`
`Supreme Court
`
`Index Number: 901168/2015
`Date Filed:
`
`Plaintiff:
`JAMES V. WRIGHT III AND SHARON E. WRIGHT
`VS.
`
`Defendant:
`AIR & LIQUID SYSTEMS CORPORATION, ET AL.,
`
`For:
`Nicoletti & Harris, Inc.
`132 Nassau Street
`Suite 412
`New York, NY 10038
`
`Received by Big River investigations, Inc on the 2nd day of October, 2015 at 10:35 am to be served on GARDNER DENVER
`INC, 1800 GARDNER EXPRESSWAY, QUINCY, IL 62301.
`
`I, Gary Birch, being duly sworn, depose and say that on the 2nd day of October, 2015 at 10:55 am, I:
`
`served a CORPORATION by delivering a true copy of the Summons and Verified Complaint with Notice of
`Commencement of Action Subject to Mandatory Electronic Filing with the date and hour of service endorsed thereon by
`me, to: JUDY MOWEN as LEGAL DEPT for GARDNER DENVER INC, at the address of: 1800 GARDNER EXPRESSWAY,
`QUINCY, IL 62301, and informed said person of the contents therein, in compliance with state statutes.
`
`Said documents were conformed with index number and date of filing endorsed thereon.
`
`Description of Person Served: Age: 55, Sex: F, Race/Skin Color: WHITE, Height: 5'6", Weight: 130, Hair: RED,
`Glasses: Y
`
`I certify that I am over the age of 21, have no interest in the above action,
`served.
`
`in the judicial circuit in which the process was
`
`gm 6%
`
`Gary Birch
`Process Server
`
`7
`
`Big River Investigations, Inc
`437 North 9th Street
`
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`"tCiAL SEAL”
`Our Job Serial Number: BRI-2015001519
`i:t..tkat%ETH At Mt W i1 (at?
`
`Ref: 71129
`
`Net-aw Y“
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`
`My Coma
`
`Quincy, IL 62301
`(217) 228-9114
`
`t
`
`Copyright © 1992-2011 Database Services, Inc. - Process Server‘s Toolbox V6.5f
`
`Subscribed and Sworn to before me on the 2nd day of
`October, 2'
`. by the affiant who is personally known to
`me.
`,
`
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`

`

`Affidavit of Process Server
`
` .
`
`(NAME OF COURT)
`
`9 0/1/éZQT/sg
`vs CR5" Cdflrgaflittww
`CASE NUMBER
`DEFEND NT/RESPONDENT
`J being first duly sworn, depose and say: that I am over the age of 18 years and
`thin the boundaries of the state where service was effected, I was authorized bylaw to
`
`i/Uiql 3 %#
`2AINTIFFl/PETITI NER
`I‘Z 'Pmrtfiim K79AK”“3
`not a party to this action, and that
`perform said service.
`
`
`
`(Q‘CIZYPAT' Sta/emery Avail/Q
`Service: [served C @8 Co fiPO’tQfi'WOM GA/
`NAM? Ongle /ZSTITV B ING SERVED
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`CITY / STATE
`On
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`
`DATE
`TIME
`
`by leaving with
`
`[:1
`
`inquired if subject was a member of the US. Military and was informed they are not.
`
`Thereafter copies of the documents were mailed by prepaid, first class mail on
`
`DATE
`
`from
`
`CITY
`
`STATE
`
`ZIP
`
`Manner of Service:
`[3 Personal: By personally delivering copies to the person being served.
`I:I Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being
`served with a member of the household over the age of
`and explaining the general nature of the papers.
`ubstituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with
`the person apparently in charge thereof.
`I3 Posting: By posting copies in a conspicuous manner to the front door of the person/entity being sewed.
`
`’
`
`Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been
`unable to effect process upon the person/entity being served because of the following reason(s):
`
`Cl Service Cancelled by Litigant [II Unable to Serve in Timely Fashion
`III Moved, Left no Fomarding
`E] Unknown at Address
`El Address Does Not Exist [Z] Other
`
`Service Attempts: Service was attempted on: (1)
`
`DATE
`
`TIME
`
`(2)
`
`DATE
`
`TIME
`
`(3)
`DATE
`Descriptionz. Age
`
`_
`
`.;
`
`
`
`(4)
`(5)
`TIME
`DATE
`TIME
`DATE
`TIME
`/
`t
`A
`Sex [77 Raceli/jz Height é [J Weightij‘c‘ Hair/3%, Beard W Glasses
`
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`AtM£ ”(é/ma}
`SUBSCRIBED AND SWORN to before me this 5 day of 0 (:7W304» ,20/51 by Ewmefl/g/Wfl?
`Proved to me on the basis of satisfactory evidence to be the person(s) who aWed before me.
`TH OF PENNSYLVANIA
`
`
`Notarlat Seal
`Dana M. Poolar, my PubIIc
`
`
`Penn Twp, Westmoreiand County
`My ComMssion Expires July 12, 2016
`Memes, PENNSYLVANIA Assocxmon or MO‘TARIE
`
`
`MM,
`
`SIGNATURE OF PROCESS S
`
`
`
`illflfi
`
`FORM 2
`
`NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS
`
`

`

`tate o : New York
`Court:
`Supreme
`
`P2aznttZ7/Petltzoner:
`James V. Wright III
`
`AFFIDAVIT OF SERVICE ON A CORPORATION
`
`ounty 0 5
`Index #:
`Date Purchased:
`
`Albany
`901168/2015
`9/21/2015
`
`Defendant/Respondent:
`
`vs:
`
`Air & Liquid Systems Corporation
`
`WWW“
`
`County of: Niagara
`
`Michael J Palczynski, being duly sworn, deposes and says: that deponent is not a party to this action,
`is over 18 years of age and resides at: Sanborn , NY
`that on: 10/7/2015 at: 11:30 AM at: 874 Oliver Street , North Tonawanda, New York 14120
`
`deponent served the within:
`
`Notice of Commencement of Action Subject to Mandatory Electronic Filing; Summons; Defendants‘ Rider; Verified Complaint;
`Full Caption Rider
`
`*
`*
`
`PAPERS SERVED WITH INDEX # & DATE PURCHASED 901168/2015 9/21/2015
`Return Date if any:
`
`ON: Air & Liquid Systems Corporation, Successor by Merger to Buffalo Pumps, Inc
`
`CORPORATION A corporation, by delivering thereat a true copy of each to: Tom Forrest
`personally, deponent knew said corporation so served to be the corporation, described in same as Defendant
`and knew said individual to be: Vice President
`,thereof an authorized person to accept service of process.
`
`DESCRIPTION
`
`AGE: 51 - 65 Yrs.,
`SKIN COLOR: White,
`SEX: Male,
`HAIR COLOR: Black,
`WEIGHT: 161 — 200 Lbs.,
`Other identifying features:
`
`HEIGHT: Over 6',
`
`WITNESS FEE
`El
`
`the authorizing traveling expenses and one day's witness fee was paid(tendered) to the
`39
`Defendant.
`
`Sworn to before me on this: 10/7/2015
`
`
`
`Notary P
`
`‘ ic
`
`Print name belo
`Michael J Palczynski
`
`"
`'" "
`
`Y WOOTEN
`CHE
`Notary Public, State of New York
`No. 01W06260664
`Qualified in Niagara County
`Commission Expires April 30, 2016
`
`201507153
`
`Client File#: 71119
`
`

`

`SUPERIOR COURT OF THE STATE OF NEW YORK
`
`COUNTY OF ALBANY
`
`———————————————————————————————————————————————————————————————————————— Index No.: 901168—15
`
`JAMES v. WRIGHT III and SHARON E. WRIGHT,
`
`Plaintiff(s),
`
`—against—
`
`AIR & LIQUID SYSTEMS CORPORATION,
`as successor—by—merger to BUFFALO PUMPS, INC., et al.
`
`_______________________________________________________________________X
`
`Defendant(s).
`
`I, John Garber, State of Delaware, County of New Castle, being duly sworn, say
`on the 2nd day of October, 2015 at 12:45 pm, I personally served a copy of a
`SUMMONS and VERIFIED COMPLAINT WITH NOTICE OF COMMENCEMENT
`
`OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING on the defendant
`
`BORGWARNER MORSE TEC LLC. by serving the registered agent, The
`Corporation Trust Company, 1209 Orange Street, Wilmington, DE 19801.
`
`Name of individual accepting service: Amy McLaren—Section Head.
`Description of individual: White female, 35 years of age, 5’5” tall, and l351bs with brown
`hair.
`
` Subscribed and sworn before me
`
`this
`
`of October, 2015.
`
`£9
`
`‘
`
`

`

`SUPERIOR COURT OF THE STATE OF NEW YORK
`
`COUNTY OF ALBANY
`
`———————————————————————————————————————————————————————————————————————— Index No.: 90l l68—15
`
`JAMES V. WRIGHT III and SHARON E. WRIGHT,
`
`Plaintiff(s),
`
`—against—
`
`AIR & LIQUID SYSTEMS CORPORATION,
`as successor-by—merger to BUFFALO PUMPS, INC., et al.
`
`_______________________________________________________________________X
`
`Defendant(s).
`
`I, John Garber, State of Delaware, County of New Castle, being duly sworn, say
`on the 2nd day of October, 2015 at 12:45 pm, I personally served a copy of a
`SUMMONS and VERIFIED COMPLAINT WITH NOTICE OF COMMENCEMENT
`
`OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING on the defendant
`
`WARREN PUMPS, LLC by serving the registered agent, The Corporation Trust
`Company, 1209 Orange Street, Wilmington, DE 19801.
`
`Name of individual accepting service: Amy McLaren—Section Head.
`Description of individual: White female, 35 years of age, 5’5” tall, and l351bs with brown
`hair.
`
`
`
`of October, 2015.
`
`Subscrir- a )nd sworn before me
`
`this 2‘"
`
`......
`0‘400/14
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`

`SUPERIOR COURT OF THE STATE OF NEW YORK
`
`COUNTY OF ALBANY
`
`————————————————————————————————————————————————————————————————————————Index No.: 901168—15
`
`JAMES V. WRIGHT III and SHARON E. WRIGHT,
`
`Plaintiff(s),
`
`—against—
`
`AIR & LIQUID SYSTEMS CORPORATION,
`as successor—by—merger to BUFFALO PUMPS, lNC., et a1.
`
`_______________________________________________________________________X
`
`Defendant(s).
`
`I, John Garber, State of Delaware, County of New Castle, being duly sworn, say
`on the 2nd day of October, 2015 at 12:45 pm, I personally served a copy of a
`SUMMONS and VERIFIED COMPLAINT WITH NOTICE OF COMMENCEMENT
`
`OF ACTION SUBJECT TO MANDATORY ELECTRONIC FILING on the defendant
`
`IMO INDUSTRIES, INC. by serving the registered agent, The Corporation Trust
`Company, 1209 Orange Street, Wilmington, DE 19801.
`
`Name of individual accepting service: Amy McLaren—Section Head.
`Description of individual: White female, 35 years of age, 5’5” tall, and 1351bs with brown
`hair.
`
`
`
`
`
`