throbber
FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 03/10/2021
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2020008088
`
`Return To:
`JESSICA JEAN BURGASSER
`295 Main Street
`Suite 900
`Buffalo, NY 14203
`
` Schmidt, Daniel J.
`
` 84 Lumber Company
` Air & Liquid Systems Corporation
` Armstrong International, Inc.
` Armstrong Pumps Inc.
` Clyde Union Inc.
`
`Total Fees Paid:
`
`Receipt # 2651852
`
`Book Page CIVIL
`
`No. Pages: 13
`
`Instrument: ANSWER
`
`Control #:
`Index #:
`
`202103101071
`E2020008088
`
`Date: 03/10/2021
`
`Time: 7:39:39 PM
`
`$0.00
`
`Employee:
`
`State of New York
`
`MONROE COUNTY CLERK’S OFFICE
`WARNING – THIS SHEET CONSTITUTES THE CLERKS
`ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
`SECTION 319 OF THE REAL PROPERTY LAW OF THE
`STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
`
`JAMIE ROMEO
`
`MONROE COUNTY CLERK
`
`1 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index # : E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`Index No E2020008088
`ANSWER WITH CROSS-
`CLAIMS TO PLAINTIFF’S
`COMPLAINT
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`______________________________________________
`DANIEL J. SCHMIDT,
`
`
`Plaintiff,
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`84 LUMBER COMPANY,
`AIR &LIQUID SYSTEMS CORPORATION
` as successor by merger to
` BUFFALO PUMPS, INC.;
`ARMSTRONG INTERNATIONAL, INC.;
`ARMSTRONG PUMPS INC.;
`CLYDE UNION INC.
` f/k/a UNION PUMP COMPANY;
`CRANE CO.;
`FLOWSERVE CORPORATION
` f/k/a THE DURIRON COMPANY, INC.
` sued as successor by merger to
` DURCO INTERNATIONAL;
`FLOWSERVE US, INC.
` solely as successor to
` ROCKWELL MANUFACTURING COMPANY
` EDWARD VALVES, INC. and
` EDWARD VOGT VALVE COMPANY;
`FOSTER WHEELER LLC,
`GOULDS PUMPS, INCORPORATED
` f/k/a GOULDS PUMPS MERGER CORPORATION;
`GRINNELL LLC;
`HONEYWELL INTERNATIONAL INC.
` f/k/a ALLIEDSIGNAL, INC.
` and as successor in interest to
` THE BENDIX CORPORATION;
`IMO INDUSTRIES INC.
` individually and as successor in interest to
` IMO DELAVAL;
`ITT CORPORATION
` f/k/a ITT INDUSTRIES, INC.
` individually and as successor to
` ITT FLUID PRODUCTS CORP.
` ITT HOFFMAN
` ITT BELL & GOSSETT COMPANY and
`
`2 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
` ITT MARLOW;
`KAISER GYPSUM COMPANY, INC.;
`SPIRAX SARCO, INC.
` Individually and as successor to
` SARCO COMPANY, INC.;
`THE KRAISSL COMPANY, INC:;
`THE MARLEY-WYLAIN COMPANY
` f/k/a WEIL-McLAIN;
`UNION CARBIDE CORPORATION;
`VIACOMCBS, INC.;
`ZURN INDUSTRIES, LLC
` individually and as successor in interest to
` ERIE CITY IRON WORKERS CORPORATION;
`
`Defendants.
`
`
`
`
`
`
`_______________________________________________
`
`
`Defendant AIR & LIQUID SYSTEMS CORPORATION as successor by merger to
`
`BUFFALO PUMPS, INC. (“Defendant BUFFALO PUMPS”) by its attorneys, WILBRAHAM,
`
`LAWLER & BUBA, P.C. as and for its ANSWER to Plaintiff’s Verified Complaint, states upon
`
`information and belief as follows:
`
`1.
`
`Answering paragraphs 1, 3, 5-23, 44 and of Plaintiff’s Complaint, Defendant
`
`BUFFALO PUMPS is without knowledge or information sufficient to form a belief as to the truth
`
`of the allegations contained in said paragraphs and on that basis denies them.
`
`2.
`
`Defendant BUFFALO PUMPS believes paragraph 2 of Plaintiff’s Complaint
`
`contains a legal argument rather than a fact that can be admitted or denied. To the extent this is a
`
`legal argument rather than facts, BUFFALO PUMPS declines to answer. To the extent an answer
`
`is necessary, BUFFALO PUMPS, denies paragraph 2.
`
`3.
`
`Answering paragraphs 4, 31, 43 of Plaintiff’s Complaint, Defendant BUFFALO
`
`PUMPS denies the allegations contained in said paragraphs.
`
`4.
`
`Answering paragraphs 24-29, 32-42, 45, and 47-51 of Plaintiff’s Complaint,
`
`Defendant BUFFALO PUMPS denies the allegations to the extent they are directed to Defendant
`
`3 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`BUFFALO PUMPS, and is without knowledge or information sufficient to form a belief as to the
`
`truth of the allegations to the extent they are related to parties other than Defendant BUFFALO
`
`PUMPS and on that basis denies them. By way of further response, Defendant BUFFALO PUMPS
`
`specifically denies any allegation(s) of strict liability; negligence; recklessness; carelessness;
`
`failure; breach; misrepresentation; false representations; conspiracy; market share liability; or
`
`fraudulent, unjust, knowing, intentional, wrongful, willful, misleading, deceptive, immoral,
`
`malicious, wanton, or other culpable conduct on the part of Defendant BUFFALO PUMPS
`
`contained in said paragraphs.
`
`5.
`
`With respect to paragraphs 30 and 46 of Plaintiff’s Complaint, Defendant
`
`BUFFALO PUMPS admits such allegations as are elsewhere herein admitted and denies such
`
`allegations as are elsewhere herein denied.
`
`6.
`
` Defendant BUFFALO PUMPS denies each and every allegation set forth in
`
`Plaintiff’s Complaint not heretofore specifically admitted, denied or otherwise controverted.
`
`FIRST AFFIRMATIVE DEFENSE
`
`7.
`
`This Court has no jurisdiction over Defendant BUFFALO PUMPS.
`
`SECOND AFFIRMATIVE DEFENSE
`
`8.
`
`Plaintiff’s Complaint fails to state any cause of action against Defendant
`
`BUFFALO PUMPS.
`
`THIRD AFFIRMATIVE DEFENSE
`
`9.
`
`The cause of action or causes of action alleged in Plaintiff’s Complaint are barred
`
`by applicable statutes of limitation.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`10.
`
`Plaintiff caused or contributed in whole or in part to the happening of the
`
`4 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`occurrence, injuries and disability alleged in the Complaint.
`
`FIFTH AFFIRMATIVE DEFENSE
`
`11.
`
`Plaintiff assumed the risk of each and every occurrence, injury and disability
`
`alleged in the Complaint.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`12.
`
`Plaintiff’s sole and exclusive remedy is under the Workmen's Compensation laws
`
`of the State of New York and this action is therefore barred.
`
`SEVENTH AFFIRMATIVE DEFENSE
`
`13.
`
`Plaintiff did not directly or indirectly purchase any asbestos-containing products or
`
`materials from Defendant BUFFALO PUMPS and Plaintiffs neither received nor relied on any
`
`representation or warranty allegedly made by Defendant BUFFALO PUMPS.
`
`EIGHTH AFFIRMATIVE DEFENSE
`
`14.
`
`Plaintiff failed to act to mitigate the injuries and disability alleged in the Complaint
`
`and any such alleged injuries and disability were increased by said failure.
`
`NINTH AFFIRMATIVE DEFENSE
`
`15.
`
`Each alleged injury and damage to Plaintiff was proximately caused by the
`
`negligence of persons other than Defendant BUFFALO PUMPS, including, without limitations,
`
`Plaintiff, or Plaintiff’s employers and fellow workers.
`
`TENTH AFFIRMATIVE DEFENSE
`
`16.
`
`By reason of the State of the Art of Medicine, it was not known and could not have
`
`been known that asbestos or asbestos-containing products or the handling of the same were in any
`
`way dangerous to health.
`
`
`
`5 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`ELEVENTH AFFIRMATIVE DEFENSE
`
`17.
`
`The Court lacks jurisdiction over the subject matter of the instant action.
`
`TWELFTH AFFIRMATIVE DEFENSE
`
`18.
`
`Any amount which Plaintiff may be awarded against Defendant BUFFALO
`
`PUMPS must be reduced by the amount received from or indemnified by any collateral sources.
`
`THIRTEENTH AFFIRMATIVE DEFENSE
`
`19.
`
`Plaintiff’s delay in commencing suit has resulted in prejudice to Defendant
`
`BUFFALO PUMPS and Plaintiff’s claims are therefore barred by the equitable doctrines of laches
`
`and estoppel.
`
`FOURTEENTH AFFIRMATIVE DEFENSE
`
`20.
`
`Plaintiff’s claims are time-barred in that §214-c of the New York CPLR is
`
`unconstitutional.
`
`FIFTEENTH AFFIRMATIVE DEFENSE
`
`21.
`
`Plaintiff’s causes of action are barred as to Defendant BUFFALO PUMPS by
`
`application of the government contractors' defense and/or the contract specifications defense.
`
`SIXTEENTH AFFIRMATIVE DEFENSE
`
`22.
`
`As Plaintiff is unable to identify the manufacturer(s) or distributor(s) of the
`
`substance, product or equipment which allegedly caused injury to Plaintiff, Plaintiff fails to state
`
`a claim for which relief may be granted, because if such relief were granted, it would deprive
`
`Defendant BUFFALO PUMPS of its constitutional rights to substantive and procedural due
`
`process of law and equal protection under the laws guaranteed by the Fourteenth Amendment to
`
`the Constitution of the United States of America.
`
`
`
`6 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`SEVENTEENTH AFFIRMATIVE DEFENSE
`
`23.
`
`As Plaintiff is unable to identify the manufacturer(s) or distributor(s) of the
`
`substance, product or equipment which allegedly caused injury to Plaintiff, Plaintiff fails to state
`
`a claim for which relief may be granted, because if such relief were granted, it would constitute a
`
`taking of private property for public use, without just compensation. Such a taking would
`
`contravene Defendant BUFFALO PUMPS’ constitutional rights as preserved for it by the
`
`Fourteenth Amendment of the Constitution of the United States of America.
`
`EIGHTEENTH AFFIRMATIVE DEFENSE
`
`24.
`
`Defendant BUFFALO PUMPS conformed its activities and undertakings to the
`
`scientific and medical knowledge and technology available at the alleged time periods, and
`
`fulfilled its obligations, if any, and its activities and undertakings, if any, were conducted in a
`
`reasonable fashion without recklessness, malice or wantonness.
`
`NINETEENTH AFFIRMATIVE DEFENSE
`
`25.
`
`As to all causes of action included in the Complaint which may be based upon
`
`express or implied warranties and/or representations, such causes of action are legally insufficient
`
`as against Defendant BUFFALO PUMPS by reason of Plaintiff’s failure to allege privity of
`
`contract between Plaintiff and BUFFALO PUMPS, which is specifically denied.
`
`26.
`
`In the event that any breach of express or implied warranty is proven, Plaintiff failed
`
`to give proper and prompt notice of any such breach of warranty to Defendant BUFFALO PUMPS.
`
`TWENTIETH AFFIRMATIVE DEFENSE
`
`27.
`
`Plaintiff’s claims are barred because of Plaintiff’s failure to join necessary and
`
`indispensable parties.
`
`
`
`7 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`TWENTY-FIRST AFFIRMATIVE DEFENSE
`
`28.
`
`Plaintiff’s demand for punitive damages is barred by the proscription of the Eighth
`
`Amendment to the United States Constitution, as applied to the states through the Fourteenth
`
`Amendment, and Article 1, Section 5 of the New York State Constitution prohibiting the
`
`imposition of excessive fines.
`
`TWENTY-SECOND AFFIRMATIVE DEFENSE
`
`29.
`
`The damages allegedly sustained by Plaintiff, which allegedly arose in part from
`
`the use of a product, were caused, in whole or in part, by the improper use and handling of the
`
`product, rather than any defect in the design, manufacture, testing and/or distribution of the
`
`product.
`
`TWENTY-THIRD AFFIRMATIVE DEFENSE
`
`30.
`
`The incidents complained of in the Complaint and the alleged damages were caused
`
`by the subsequent alteration, modification and change of the product.
`
`TWENTY-FOURTH AFFIRMATIVE DEFENSE
`
`31.
`
`If Plaintiff sustained the damages alleged in the Complaint, there was an
`
`intervening cause and/or causes leading to such damages, and, as such, any action on the part of
`
`Defendant BUFFALO PUMPS was not the proximate and/or competent producing cause of
`
`Plaintiff’s damages.
`
`TWENTY-FIFTH AFFIRMATIVE DEFENSE
`
`32.
`
`The injured Plaintiff was an experienced and knowledgeable user of any product
`
`referred to in Plaintiff’s Complaint. By reason of the foregoing, Defendant BUFFALO PUMPS
`
`had no legal duty to warn Plaintiff.
`
`
`
`8 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`TWENTY-SIXTH AFFIRMATIVE DEFENSE
`
`33.
`
`To the extent Plaintiff is able to identify a product attributable to Defendant
`
`BUFFALO PUMPS which allegedly caused injury to Plaintiff, the product conformed to and
`
`complied with the state of the art as it existed at the time of its design, manufacture, distribution
`
`and sale.
`
`TWENTY-SEVENTH AFFIRMATIVE DEFENSE
`
`34.
`
`Defendant BUFFALO PUMPS sold
`
`its products
`
`to knowledgeable and
`
`sophisticated purchasers, and any injury alleged by Plaintiff was caused by such purchaser's failure
`
`to observe known standards of care.
`
`TWENTY-EIGHTH AFFIRMATIVE DEFENSE
`
`35.
`
`At all relevant times hereafter, Defendant BUFFALO PUMPS and its products, if
`
`any, complied with and were undertaken pursuant to applicable federal, state and local laws, rules,
`
`regulations and specifications, and all acts and conduct of Defendant BUFFALO PUMPS
`
`conformed to and were pursuant to statutes, government regulations and industry standards, based
`
`upon the state of knowledge existing at all material times alleged in the Complaint.
`
`36.
`
`If Plaintiff has sustained damages as alleged, then said damages are not the result
`
`of Defendant BUFFALO PUMPS’ actions or inactions because Defendant BUFFALO PUMPS
`
`complied at all times with all industry/governmental standards relating to the design, manufacture,
`
`distribution, use and sales of its products.
`
`TWENTY-NINTH AFFIRMATIVE DEFENSE
`
`37.
`
`At all relevant times hereafter, Defendant BUFFALO PUMPS acted in compliance
`
`with all mandates, directions, permits, approvals and licenses issued by or on behalf of federal,
`
`state and/or local authorities and agencies. As such, Plaintiff’s Complaint is barred.
`
`9 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`THIRTIETH AFFIRMATIVE DEFENSE
`
`38.
`
`To the extent that Plaintiff was exposed to products containing asbestos, which
`
`Defendant BUFFALO PUMPS specifically denies, such exposure was not a substantial factor in
`
`the disease developed by Plaintiff.
`
`THIRTY-FIRST AFFIRMATIVE DEFENSE
`AND AS AND FOR A FIRST CROSS-CLAIM AGAINST CO-DEFENDANTS
`
`
`
`39. Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiff
`
`recovers judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiff’s
`
`Complaint, then any liability on the part of Defendant BUFFALO PUMPS will have been brought
`
`about or caused by the negligence, carelessness, fault or culpable conduct on the part of Co-
`
`Defendants.
`
`40.
`
`By reason of these premises, if Plaintiff should recover a judgment against
`
`Defendant BUFFALO PUMPS, then Co-Defendants shall be liable in contribution to Defendant
`
`BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co-Defendants shall
`
`indemnify Defendant BUFFALO PUMPS, and/or contribute to Defendant BUFFALO PUMPS for
`
`their proportionate and respective share of any such judgment as shall be determined upon the trial
`
`of this action, including reasonable costs and attorneys’ fees pursuant to Article 16 of the Civil
`
`Practice Law and Rules.
`
`THIRTY-SECOND AFFIRMATIVE DEFENSE AND
`AS AND FOR A SECOND CROSS-CLAIM AGAINST CO-DEFENDANTS
`
`
`
`41.
`
`Defendant BUFFALO PUMPS denies any liability on its part, but if Plaintiff should
`
`recover a judgment against Defendant BUFFALO PUMPS, then the liability of Defendant
`
`BUFFALO PUMPS will have been brought about by reason of the primary negligence,
`
`carelessness, breach of warranty, and/or strict liability of Co-Defendants, without any such
`
`10 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`negligence, carelessness, breach of warranty or strict liability on the part of Defendant BUFFALO
`
`PUMPS, who is thereby entitled to indemnification for all or part of any such judgment in such
`
`amount as shall be determined ultimately at the trial of this action.
`
`THIRTY-THIRD AFFIRMATIVE DEFENSE AND
`
`AS AND FOR A THIRD CROSS-CLAIM AGAINST CO-DEFENDANTS
`
`42.
`
`Defendant BUFFALO PUMPS denies any liability on its part, but if the Plaintiff
`
`should recover judgment against Defendant BUFFALO PUMPS for damages alleged in Plaintiff’s
`
`Complaint, then any liability on the part of Defendant BUFFALO PUMPS will have been brought
`
`about or caused by the negligence, carelessness, fault or culpable conduct on the part of Co-
`
`Defendants.
`
`43.
`
`By reason of these premises, if Plaintiff should recover a judgment against
`
`Defendant BUFFALO PUMPS then Co-Defendants shall be liable in contractual indemnification
`
`to Defendant BUFFALO PUMPS for the entire amount of said judgment, or alternatively, Co-
`
`Defendants shall indemnify Defendant BUFFALO PUMPS and/or contribute to Defendant
`
`BUFFALO PUMPS for their proportionate and respective share of any such judgment as shall be
`
`determined upon the trial of this action, including reasonable costs and attorneys’ fees, pursuant
`
`to Article 16 of the New York CPLR.
`
`
`
`DEMAND FOR JURY TRIAL
`
`The answering defendant hereby demands a trial by jury as to all issues.
`
`
`
`WHEREFORE, Defendant BUFFALO PUMPS Demands judgment as follows:
`
`1.
`
`Dismissing the Complaint with prejudice as to Defendant BUFFALO PUMPS;
`
`
`
`
`
`11 of 13
`
`

`

`202103101071
`
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`INDEX NO. E2020008088
`Index #: E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`
`
`
`
`
`
`2.
`
`3.
`
`
`4.
`
`5.
`
`6.
`
`Diminishing the damages otherwise recoverable pursuant to Article 14 of
`the New York CPLR;
`
`Diminishing the damages otherwise recoverable pursuant to Article 14-A
`of the New York CPLR;
`
`Diminishing the damages otherwise recoverable pursuant to Article 16 of
`the New York CPLR;
`
`For contribution and indemnification from the Co-Defendants herein for
`all or a portion of any judgment rendered herein in favor of Plaintiffs and
`against Defendant BUFFALO PUMPS including reasonable attorneys'
`fees and costs; and
`
`For such other, further and different relief as to the Court shall seem just,
`proper and equitable.
`
`
`
`
`
`
`
`
`
`
`
`DATED:
`
`March 9, 2021
`Buffalo, New York
`
`
`
`
`
`
`TO:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Joseph T. Kremer, Esq.
`Lipsitz & Ponterio, LLC
`Attorneys for Plaintiff
`424 Main Street, Suite 1500
`Buffalo, NY 14202
`(716) 849-0701
`
`WILBRAHAM, LAWLER & BUBA
`
`
`
`______________________________
`Jessica J Burgasser, Attorney
`Attorneys for Defendant
`Air & Liquid Systems Corporation as successor by
`merger to Buffalo Pumps, Inc.
`295 Main St., Suite 900
`Buffalo, New York 14203
`(716) 427-7360
`
`12 of 13
`
`

`

`202103101071
`FILED: MONROE COUNTY CLERK 03/10/2021 02:15 PM
`NYSCEF DOC. NO. 33
`
`#: E2620000088
`Index
`INDEX NO. E2020008088
`
`RECEIVED NYSCEF: 03/10/2021
`
`OF NEW YORK
`STATE
`COUNTY
`OF ERIE
`OF BUFFALO
`CITY
`
`)
`) SSt
`)
`
`ATTORNEY'S
`
`VERIFICATION
`
`JESSICA
`
`J. BURGASSER,
`
`ESQ.,
`
`being
`
`duly
`
`sworn,
`
`deposes
`
`and says:
`
`1.
`
`That
`
`I am associated
`
`with
`
`the law firm of WILBRAHAM,
`
`LAWLER
`
`& BUBA,
`
`P.C.,
`
`attorneys
`
`for
`
`the Defendant
`
`AIR & LIQUID
`
`SYSTEMS
`
`CORPORATION
`
`as successor
`
`by
`
`merger
`
`to BUFFALO
`
`PUMPS,
`
`INC.
`
`2.
`
`That
`
`I have read the foregoing
`
`ANSWER
`
`to the Plaintiff's
`
`Complelñt
`
`and know
`
`the
`
`contents
`
`thereof;
`
`that
`
`the same is true to the knowledge
`
`of deponent,
`
`except
`
`as to the matters
`
`therein
`
`stated
`
`to be alleged
`
`upon
`
`information
`
`and belief,
`
`and as to those matters
`
`I believe
`
`it
`
`to be true.
`
`3.
`
`the
`
`deponent
`
`and
`
`not
`
`the
`
`said
`
`That
`
`the
`
`reason
`
`this
`
`verification
`
`is made
`
`by
`
`by
`
`Defendant
`
`is that
`
`said Defendant
`
`is a foreign
`
`corporation;
`
`that
`
`none
`
`of
`
`its officers
`
`reside
`
`in Erie
`
`County
`
`where
`
`deponent
`
`and
`
`the members
`
`of
`
`deponent's
`
`law firm
`
`reside;
`
`that
`
`the
`
`sources
`
`of
`
`deponent's
`
`knowledge
`
`and the grounds
`
`of deponent's
`
`belief
`
`as to all matters
`
`stated
`
`therein,
`
`upon
`
`information
`
`and belief,
`
`are reports
`
`and correspondence
`
`from said Defendant
`
`personally
`
`received
`
`by the undersigned
`
`and in the file
`
`of
`
`this
`
`case in deponent's
`
`offices.
`
`JESSICA
`
`J. BURGASSER,
`
`ESQ.
`
`Swom to before me this
`da
`arc
`21
`,
`
`9th
`
`Not
`
`tyPuflic
`
`L. MMt8HAth
`IGil$TIE
`anthetsupentsevolk
`thmewtnate.
`glycommlestonSqRes
`
`'
`
`Fo
`
`7---
`
`13 of 13
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket