FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`MONROE COUNTY CLERK’S OFFICE
`
`RECEIVED NYSCEF: 06/17/2021
`THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
`
`INDEX NO. E2021005424
`
`Return To:
`SEAN MICHAEL ESFORD
`424 Main Street, Suite 1500
`Buffalo, NY 14202
`
` McAvoy, Daniel J.
` McAvoy, Barbara A.
`
` Air & Liquid Systems Corporation
` Alray Construction Corp.
` Armstrong International, Inc.
` Aurora Pump Company
` Cleaver-Brooks, Inc.
`
` State Fee Index Number
` County Fee Index Number
` State Fee Cultural Education
` State Fee Records
`Management
`
`Total Fees Paid:
`
`Receipt # 2751982
`
`Book Page CIVIL
`
`No. Pages: 34
`
`Instrument: EFILING INDEX NUMBER
`
`Control #:
`Index #:
`
`202106170854
`E2021005424
`
`Date: 06/17/2021
`
`Time: 1:40:05 PM
`
`$165.00
`$26.00
`$14.25
`$4.75
`
`$210.00
`
`Employee: MJ
`
`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 34
`
`

`

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`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
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`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`02112626671665432021005424
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`
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`
`NYSCEF‘ DOC. NO.
`1
`R«C«IV«D NYSCEF: 06/17/2021
`
`SUPREME COURT OF THE STATE OF NEW YORK
`SEVENTH JUDICIAL DISTRICT
`
`
`SEVENTH JUDICIAL DISTRICT
`ASBESTOS LITIGATION
`
`In Re Seventh Judicial District
`Asbestos Litigation
`
`
`Index No.
`
`Date:
`
`This Document Applies to:
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`
`
`Plaintiffs designate MONROE
`County as the place of trial.
`
`The basis of the venue is residence
`of a defendant.
`
`DANIEL J. McAVOY and
`
`BARBARA A. McAVOY, his spouse
`766 Steeplechase Road
`Aiken, SC 29803
`
`against
`
`Plaintiffs,
`
`SUMMONS
`
`Defendant, Pfaudler, Inc.,
`resides at 1000 West Avenue,
`Rochester, NY 14611
`
`County of Monroe
`
`AIR & LIQUID SYSTEMS CORPORATION
`as successor by merger to
`BUFFALO PUMPS, INC.
`726 Bell Avenue, Ste. 302
`Carnegie, PA 15106
`
`ALRAY CONSTRUCTION CORP.
`
`f/k/a HEBERT CONSTRUCTION CORP.
`271 Hollenbeck Street
`
`Rochester, NY 14621
`
`ARMSTRONG INTERNATIONAL, INC.
`1002 SE. Monterey Commons, Suite 104
`Stuart, FL 34994.
`
`AURORA PUMP COMPANY
`
`6325 Ardrey Road, Suite 400
`Charlotte, NC 28277-4967
`
`CLEAVER—BROOKS, INC.
`f/k/a AQUA-CHEM, INC.
`c/o Corporation Service Company
`251 Little Falls Drive
`
`2 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`02112026671665432021005424
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`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`CLYDE UNION INC.
`
`f/k/a UNION PUMP COMPANY
`
`c/o CSC Lawyers Incorporating Service
`2900 West Road, Suite 500
`East Lansing, MI 48823
`
`CRANE CO.
`
`c/o CT Corporation Trust Company
`1209 Orange Street
`Wilmington, DE 19801
`
`FLOWSERVE CORPORATION
`
`f/k/a THE DURIRON COMPANY, INC.
`sued as successor by merger to
`DURCO INTERNATIONAL
`
`c/o CT Corporation System
`28 Liberty Street, Floor 42
`New York, NY 10005
`
`FLOWSERVE US, INC.
`solely as successor to
`ROCKWELL MANUFACTURING COMPANY
`
`EDWARD VALVES, INC. and
`EDWARD VOGT VALVE COMPANY
`
`c/o The Corporation Trust Company
`1209 Orange Street
`Wilmington, DE 19801
`
`FOSTER WHEELER LLC
`
`c/o United Agent Group Inc.
`3411 Silverside Road, #104 Tatnall Building
`Wilmington, DE 19810
`
`FRONTIER INSULATION CONTRACTORS, INC.
`Hk/a FRONTIER INSULATION AND ASBESTOS, INC.
`2101 Kenmore Avenue
`
`Buffalo, NY 14207
`
`GENERAL ELECTRIC COMPANY
`
`3135 Easton Turnpike
`Fairfield, CT 06828
`
`GOULDS PUMPS, INCORPORATED
`f/k/a GOULDS PUMPS MERGER CORPORATION
`240 Fall Street
`
`3 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`02112626671665432021005424
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`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`GRINNELL LLC
`
`c/o The Corporation Trust Company
`1209 Orange Street
`Wilmington, DE 19801
`
`HONEYWELL INTERNATIONAL INC.
`
`f/k/a ALLIEDSIGNAL, INC.
`and as successor in interest to
`
`THE BENDIX CORPORATION
`
`c/o Corporation Service Company
`251 Little Falls Drive
`
`Wilmington, DE 19808
`
`IMO INDUSTRIES INC.
`
`individually and as successor in interest to
`IMO DELAVAL
`
`c/o CT Corporation Trust Company
`1209 Orange Street
`Wilmington, DE 19801
`
`INDUSTRIAL INSULATION SALES, INC.
`2010 Kenmore Avenue
`
`Buffalo, NY 14207
`
`INSULATION DISTRIBUTORS, INC.
`356 Hertel Avenue
`
`Buffalo, NY 14207
`
`ITT CORPORATION
`
`f/k/a ITT INDUSTRIES, INC.
`individually and as successor to
`ITT FLUID PRODUCTS CORP.
`
`ITT HOFFMAN
`
`ITT BELL & GOSSETT COMPANY and
`ITT MARLOW
`
`1133 Westchester Avenue, Suite N300
`White Plains, NY 10604
`
`PFAUDLER, INC.
`1000 West Avenue
`
`Rochester, NY 14611
`
`RE. HEBERT AND COMPANY, INC.
`275 McKee Road
`
`4 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
`
`RECEIVED NYSCEF: 06/17/2021
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`
`02112626671665432021005424
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`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`RIDGE CONSTRUCTION CORPORATION
`343 State Street
`
`Rochester, NY 14650
`
`RILEY POWER INC.
`
`f/k/a BABCOCK BORSIG POWER, INC.
`f/k/a DB RILEY, INC.
`f/k/a RILEY STOKER CORPORATION
`
`c/o CT Corporation System
`28 Liberty Street, Floor 42
`New York, NY 10005
`
`ROCHESTER INDUSTRIAL INSULATION, INC.
`1631 Dewey Avenue
`Rochester, NY 14615
`
`SPIRAX SARCO, INC.
`individually and as successor to
`SARCO COMPANY, INC.
`c/o CT Corporation System
`28 Liberty Street, Floor 42
`New York, NY 10005
`
`THE MARLEY-WYLAIN COMPANY
`
`f/k/a WEIL-McLAIN
`
`500 Blaine Street
`
`Michigan City, IN 46360
`
`UNION CARBIDE CORPORATION
`
`c/o CT Corporation System
`28 Liberty Street, Floor 42
`New York, NY 10005
`
`VELAN VALVE CORP.
`
`c/o Corporation Service Company
`80 State Street
`
`Albany, NY 12207
`
`VIACOMCBS, INC.
`51 W. 52nd Street
`
`New York, NY 10019
`
`WARREN PUMPS LLC
`
`82 Bridges Avenue
`
`5 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`02112026671665432021005424
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`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`WEIR VALVES & CONTROLS USA, INC.
`d/b/a ATWOOD & MORRILL CO., INC.
`29 Old Right Road
`Ipswich, MA 01938
`
`WILLIAM SUMMERHAYS' SONS CORPORATION
`620 S. Clinton Avenue
`
`Rochester, NY 14620
`
`ZURN INDUSTRIES, LLC
`individually and as successor in interest to
`ERIE CITY IRON WORKERS CORPORATION
`
`c/o CT Corporation System
`28 Liberty Street, Floor 42
`New York, NY 10005
`
`Defendants.
`
`TO THE ABOVE-NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
`
`copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of
`
`appearance on the Plaintiffs’ Attorneys within 20 days after the service of this Summons,
`
`exclusive of the day of service (or within 30 days after the service is complete if this Summons is
`
`not personally delivered to you within the State of New York); and in case of your failure to
`
`appear or answer, judgment will be taken against you by default for the relief demanded in the
`
`Complaint.
`
`Dated: Buffalo, New York
`
`June 17, 2021
`
` SEAN M. ESFORD,
`LIPSITZ, PONTERIO & COMERFORD, LLC
`Attorneys for Plaintiffs
`Office and PO. Address
`
`424 Main Street, Suite 1500
`6 of 34
`Buffalo, NY 14202
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`0211202661665432021005424
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`
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`
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`SUPREME COURT OF THE STATE OF NEW YORK
`SEVENTH JUDICIAL DISTRICT
`
`In Re Seventh Judicial District
`Asbestos Litigation
`
`SEVENTH JUDICIAL DISTRICT
`ASBESTOS LITIGATION
`
`This Document Applies to:
`
`COMPLAINT
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF MONROE
`
`DANIEL J. McAVOY and
`
`BARBARA A. McAVOY, his spouse,
`
`VS.
`
`Plaintiffs,
`
`AIR & LIQUID SYSTEMS CORPORATION
`as successor by merger to
`BUFFALO PUMPS, INC.,
`ALRAY CONSTRUCTION CORP.
`
`f/k/a HEBERT CONSTRUCTION CORR,
`ARMSTRONG INTERNATIONAL, INC.,
`AURORA PUMP COMPANY,
`CLEAVER-BROOKS, INC.
`f/k/a AQUA-CHEM, 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,
`FRONTIER INSULATION CONTRACTORS, INC.
`f/k/a FRONTIER INSULATION AND ASBESTOS, INC.,
`
`7 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
`
`RECEIVED NYSCEF: 06/17/2021
`
`
`0211202661665432021005424
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`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`GOULDS PUMPS, INCORPORATED
`f/k/a GOULDS PUMPS MERGER CORPORATION,
`GRINNELL LLC,
`HONEYWELL INTERNATIONAL INC.
`
`fYk/a ALLIEDSIGNAL, INC.
`and as successor in interest to
`
`THE BENDIX CORPORATION,
`IMO INDUSTRIES INC.
`
`individually and as successor in interest to
`IMO DELAVAL,
`
`INDUSTRIAL INSULATION SALES, INC.,
`INSULATION DISTRIBUTORS, INC.,
`ITT CORPORATION
`
`f/k/a ITT INDUSTRIES, INC.
`individually and as successor to
`ITT FLUID PRODUCTS CORP.
`
`ITT HOFFMAN
`
`ITT BELL & GOSSETT COMPANY and
`
`ITT MARLOW,
`
`PFAUDLER, IN0,
`
`RE. HEBERT AND COMPANY, INC.,
`
`RIDGE CONSTRUCTION CORPORATION,
`RILEY POWER INC.
`
`f/k/a BABCOCK BORSIG POWER, INC.
`f/k/a DB RILEY, INC.
`f/k/a RILEY STOKER CORPORATION,
`ROCHESTER INDUSTRIAL INSULATION, INC.,
`SPIRAX SARCO, INC.
`individually and as successor to
`SARCO COMPANY, INC.,
`THE MARLEY-WYLAIN COMPANY
`
`f/k/a WEIL-McLAIN,
`UNION CARBIDE CORPORATION,
`VELAN VALVE CORP.,
`
`VIACOMCBS, INC.,
`
`WARREN PUMPS LLC,
`WEIR VALVES & CONTROLS USA, INC.
`d/b/a ATWOOD & MORRILL CO., INC.,
`WILLIAM SUMMERHAYS' SONS CORPORATION,
`ZURN INDUSTRIES, LLC
`individually and as successor in interest to
`ERIE CITY IRON WORKERS CORPORATION,
`
`Defendants.
`
`8 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`02112626671665432021005424
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`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
`
`The plaintiffs, DANIEL J. McAVOY and BARBARA A. McAVOY, by their attorneys,
`
`LIPSITZ, PONTERIO & COMERFORD, LLC, for their verified Complaint against each and
`
`every defendant allege:
`
`1.
`
`That at all times hereinafier mentioned, the plaintiffs, DANIEL J. McAVOY and
`
`BARBARA A. McAVOY, were and still are citizens of the State of South Carolina and residents
`
`of the County of Aiken.
`
`ARTICLE 16 ALLEGATIONS
`
`2.
`
`If it is deemed that Article 16 of the CPLR applies to this action, the plaintiffs
`
`assert that this action falls within one or more of the exceptions set forth in CPLR 1602
`
`including, but not limited to, the exception for cases where a person is held liable for causing the
`
`claimant's injury by having acted with reckless disregard for the safety of others (CPLR
`
`1602(7)); the exception for cases involving any person held liable for causing claimant's injury
`
`by having unlawfully released into the environment a substance hazardous to public health,
`
`safety or the environment (CPLR 1602(9)); the exception for any parties found to have acted
`
`knowingly or intentionally and in concert to cause the acts or failures upon which liability is
`
`based (CPLR 1602(11)); the exception based upon defendants' non-delegable duty to warn of the
`
`health hazards of asbestos (CPLR 1602(2)(iv)); the exception pertaining to claims against a
`
`defendant where the claimant has sustained a "grave injury" as defined in Section eleven of the
`
`Workers' Compensation Law to the extent of the equitable share of any person against whom the
`
`claimant is barred from asserting a cause of action because of the applicability of the Workers'
`
`Compensation Law (CPLR 1602(4)); and the exception for persons held liable in a product
`
`9 of 34
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`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
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`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`0211202661665432021005424
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`
`
`
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
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`
`liability action where the manufacturer of the product is not a party to the action and jurisdiction
`
`over the manufacturer could not with due diligence be obtained (CPLR 1602(10)).
`
`DEFENDANT ALLEGATIONS
`
`3.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, AIR & LIQUID SYSTEMS CORPORATION as successor by merger to BUFFALO
`
`PUMPS, INC., is a foreign business corporation authorized to do business in the State of New
`
`York, with its principal place of business outside the State of New York. At all times relevant, it
`
`has engaged in the manufacture, sale and distribution of materials and products containing the
`
`substance asbestos.
`
`4.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, ALRAY CONSTRUCTION CORP. f/k/a HEBERT CONSTRUCTION CORP., was
`
`a domestic corporation duly organized and existing under and by virtue of the laws of the State
`
`of New York. At all times relevant, it has engaged in the sale and distribution of materials and
`
`products containing the substance asbestos.
`
`5.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, ARMSTRONG INTERNATIONAL,
`
`INC., was and still
`
`is a foreign business
`
`corporation transacting business in the State of New York, with its principal place of business
`
`outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and
`
`distribution of materials and products containing the substance asbestos.
`
`6.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, AURORA PUMP COMPANY, was and still
`
`is a foreign business corporation
`
`transacting business in the State of New York, with its principal place of business outside the
`10 of 34
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`

`06/17/2021 01:40:05 PM
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`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
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`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`3F DOC. NO.
`1
`
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`0211202661665432021005424
`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`
`State of New York. At all times relevant, it has engaged in the manufacture, sale and distribution
`
`of materials, products and/or equipment containing the substance asbestos.
`
`7.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, CLEAVER-BROOKS,
`
`INC.
`
`f/k/a AQUA-CHEM,
`
`INC.,
`
`is a foreign business
`
`corporation authorized to transact business in the State of New York, with its principal place of
`
`business outside the State of New York. Defendant, CLEAVER-BROOKS, INC. f/k/a AQUA-
`
`CHEM, INC., transacted business on a regular systematic basis throughout New York State.
`
`That upon information and belief, at all times material hereto, defendant, CLEAVER—BROOKS,
`
`INC. f/k/a AQUA-CHEM, INC., mined, manufactured, produced, sold and/or supplied asbestos
`
`and asbestos-containing products in its boilers, either directly or indirectly, to sites throughout
`
`New York State.
`
`8.
`
`That upon information and belief, at all
`
`times hereinafler mentioned,
`
`the
`
`defendant, CLYDE UNION INC. f/k/a UNION PUMP COMPANY, was and still is a foreign
`
`business corporation unauthorized to transact business in the State of New York, with its
`
`principal place of business outside the State of New York. At all times relevant, it has engaged
`
`in the manufacture, sale and distribution of materials and products containing the substance
`
`asbestos.
`
`9.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, CRANE CO. was and still is a foreign business corporation authorized to transact
`
`business in the State of New York, with its principal place of business outside the State of New
`
`York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials,
`
`products, and/or equipment containing the substance asbestos.
`
`11 of 34
`
`

`

`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`0211202661665432021005424
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`
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`
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`NYSCEF DOC. NO.
`1
`R«C«IV«D NYSCEF: 06/17/2021
`
`10.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, FLOWSERVE CORPORATION f/k/a THE DURIRON COMPANY, INC. sued as
`
`successor by merger to DURCO INTERNATIONAL, was and still
`
`is a domestic business
`
`corporation duly organized and existing under and by virtue of the laws of the State of New
`
`York. At all times relevant, it has engaged in the sale and distribution of materials and products
`
`containing the substance asbestos.
`
`11.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, FLOWSERVE US, INC. solely as successor to ROCKWELL MANUFACTURING
`
`COMPANY, EDWARD VALVES, INC. and EDWARD VOGT VALVE COMPANY, was and
`
`still is a foreign business corporation authorized to and transacting business in the State of New
`
`York, with its principal place of business outside the State of New York. At all times relevant, it
`
`has engaged in the manufacture, sale and distribution of materials and products containing the
`
`substance asbestos.
`
`12.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, FOSTER WHEELER LLC, was a domestic corporation duly organized and existing
`
`under and by virtue of the laws of the State of New York. At all times relevant, it has engaged in
`
`the sale and distribution of materials and products containing the substance asbestos.
`
`13.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant,
`
`FRONTIER INSULATION CONTRACTORS,
`
`INC.
`
`f/k/a
`
`FRONTIER
`
`INSULATION AND ASBESTOS, INC., was and still is a domestic corporation duly organized
`
`and existing under and by virtue of the laws of the State of New York. At all times relevant, it
`
`has engaged in the sale and distribution of materials and products containing the substance
`12 of 34
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`asbestos.
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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
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`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`02112026671665432021005424
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
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`14.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, GENERAL ELECTRIC COMPANY, was and still is a domestic corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York. At all times
`
`relevant, it has engaged in the manufacture, sale and distribution of materials and products
`
`containing the substance asbestos.
`
`15.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, GOULDS PUMPS INCORPORATED f/k/a GOULDS PUMPS MERGER
`
`CORPORATION, was and still is a foreign business corporation authorized to and transacting
`
`business in the State of New York, with its principal place of business outside the State of New
`
`York. At all times relevant, it has engaged in the manufacture, sale and distribution of materials
`
`and products containing the substance asbestos.
`
`16.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, GRINNELL LLC, was and still is a foreign business corporation transacting business
`
`in the State of New York, with its principal place of business outside the State of New York. At
`
`all times relevant, it has engaged in the manufacture, sale and distribution of materials, products
`
`and/or equipment containing the substance asbestos.
`
`17.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, HONEYWELL INTERNATIONAL INC.
`
`f/k/a ALLIEDSIGNAL,
`
`INC. and as
`
`successor in interest to THE BENDIX CORPORATION,
`
`is a foreign business corporation
`
`authorized to transact business in the State of New York, with its principal place of business
`
`outside the State of New York. At all times relevant, it has engaged in the manufacture, sale and
`
`distribution of materials and products containing the substance asbestos.
`
`13 of 34
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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`02112026671665432021005424
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`
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
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`18.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant,
`
`IMO INDUSTRIES INC.,
`
`individually and as successor
`
`in interest
`
`to IMO
`
`DELAVAL, was and still is a foreign corporation authorized to do business within the State of
`
`New York with its principal place of business outside the State of New York. At all times
`
`relevant, it has engaged in the manufacture, sale and distribution of materials and products
`
`containing the substance asbestos.
`
`19.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, INDUSTRIAL INSULATION SALES, INC., was and still is a domestic corporation
`
`duly organized and existing under and by virtue of the laws of the State of New York. At all
`
`times relevant, it has engaged in the sale and distribution of materials and products containing
`
`the substance asbestos.
`
`20.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, INSULATION DISTRIBUTORS, INC., was a domestic corporation duly organized
`
`and existing under and by virtue of the laws of the State of New York. At all times relevant, it
`
`has engaged in the sale and distribution of materials and products containing the substance
`
`asbestos.
`
`21.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, ITT CORPORATION f/k/a ITT INDUSTRIES, INC. individually and as successor to
`
`ITT FLUID PRODUCTS CORP., ITT HOFFMAN, ITT BELL & GOSSETT COMPANY, and
`
`ITT MARLOW, was and still is a foreign corporation authorized to do business within the State
`
`of New York with its principal place of business outside the State of New York. At all times
`
`relevant it has engaged in the manufacture, sale and distribution of materials and products
`14 of 34
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`containing the substance asbestos.
`
`

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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`0211202661665432021005424
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`
`
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
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`22.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, PFAUDLER, INC., was and still is a foreign business corporation which transacted
`
`business in the State of New York. At all times hereinafter mentioned, it has engaged in the
`
`manufacture, sale and distribution of materials and products containing the substance asbestos.
`
`23.
`
`That upon information and belief, at all
`
`times hereinafier mentioned,
`
`the
`
`defendant, R.E. HEBERT AND COMPANY, INC., was and still is a domestic corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York. At all times
`
`relevant, it has engaged in the sale and distribution of materials and products containing the
`
`substance asbestos.
`
`24.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, RIDGE CONSTRUCTION CORPORATION, was a domestic corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York. At all times
`
`relevant, it has engaged in the sale and distribution of materials and products containing the
`
`substance asbestos.
`
`25.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, RILEY POWER INC. f/k/a BABCOCK BORSIG POWER, INC. f/k/a DB RILEY,
`
`INC. f/k/a RILEY STOKER CORPORATION, was and still is a foreign corporation authorized
`
`to and transacting business in the State of New York. At all times relevant, it has engaged in the
`
`manufacture, sale and distribution of materials and products containing the substance asbestos.
`
`26.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, ROCHESTER INDUSTRIAL INSULATION, INC., was and still
`
`is a domestic
`
`corporation duly organized and existing under and by virtue of the laws of the State of New
`
`15 of 34
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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`0211202661665432021005424
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`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
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`York. At all times relevant, it has engaged in the sale and distribution of materials and products
`
`containing the substance asbestos.
`
`27.
`
`Upon information and belief, at all times hereinafter mentioned, the defendant,
`
`SPIRAX SARCO, INC. individually and as successor to SARCO COMPANY, INC., was and
`
`still is a foreign business corporation authorized to do business within the State of New York
`
`with its principal place of business outside the State of New York. At all times relevant it has
`
`engaged in the manufacture, sale and distribution of materials and products containing the
`
`substance asbestos.
`
`28.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, THE MARLEY-WYLAIN COMPANY f/k/a WEIL-McLAIN, was and still
`
`is a
`
`foreign corporation which transacted business in the State of New York, with its principal place
`
`of business outside the State of New York. At all times hereinafter mentioned, it has engaged in
`
`the manufacture, sale and distribution of materials and products containing the substance
`
`asbestos.
`
`29.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, UNION CARBIDE CORPORATION, was and still is a domestic corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York. At all times
`
`relevant,
`
`it has engaged in the manufacture, sale and distribution of materials and products
`
`containing the substance asbestos.
`
`30.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, VELAN VALVE CORR, was and still is a domestic business corporation duly
`
`organized and existing under and by virtue of the laws of the State of New York. At all times
`
`16 of 34
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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
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`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`3F DOC. NO.
`1
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`0211202661665432021005424
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`
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`R«C«IV«D NYSCEF: 06/17/2021
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`relevant, it has engaged in the manufacture, sale and distribution of materials, products, and/or
`
`equipment containing the substance asbestos.
`
`31.
`
`That upon information and belief, at all
`
`times hereinafier mentioned,
`
`the
`
`defendant, VIACOMCB S, INC., is a foreign business corporation authorized to transact business
`
`in the State of New York. At all times relevant, it has engaged in the manufacture, sale and
`
`distribution of materials and products containing the substance asbestos.
`
`32.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, WARREN PUMPS LLC, was and still
`
`is a foreign business corporation which
`
`transacted business in the State of New York, with its principal place of business outside the
`
`State of New York. At all times relevant it has engaged in the manufacture, sale and distribution
`
`of materials and products containing the substance asbestos.
`
`33.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, WEIR VALVES & CONTROLS USA, INC. d/b/a ATWOOD & MORRILL CO.,
`
`INC., was and still is a foreign business corporation authorized to and transacting business in the
`
`State of New York, with its principal place of business outside the State of New York. At all
`
`times relevant, it has engaged in the manufacture, sale and distribution of materials, products,
`
`and/or equipment containing the substance asbestos.
`
`34.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, WILLIAM SUMMERHAYS' SONS CORPORATION, was and still is a domestic
`
`corporation duly organized and existing under and by virtue of the laws of the State of New
`
`York. At all times relevant, it has engaged in the sale and distribution of materials and products
`
`containing the substance asbestos.
`
`17 of 34
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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
`
`RECEIVED NYSCEF: 06/17/2021
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`0211202661665432021005424
`
`
`
`
`
`NYSCEF DOC. NO.
`R«C«IV«D NYSCEF: 06/17/2021
`1
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`35.
`
`That upon information and belief, at all
`
`times hereinafter mentioned,
`
`the
`
`defendant, ZURN INDUSTRIES, LLC, individually and as successor in interest to ERIE CITY
`
`IRON WORKERS CORPORATION,
`
`is a foreign corporation authorized to and transacting
`
`business in the State of New York, with its principal place of business outside the State of New
`
`York. At all times relevant it has engaged in the manufacture, sale and distribution of materials
`
`and products containing the substance asbestos.
`
`ALLEGATIONS OF FACT
`
`36.
`
`For a number of years, plaintiff handled in the course of his employment or was
`
`otherwise exposed to large amounts of various asbestos-containing products and materials
`
`manufactured and marketed by the above-captioned defendants due to the use of asbestos
`
`materials and products by his co-employees and others. Plaintiffs exposure to asbestos ended in
`
`1979.
`
`37.
`
`That upon information and belief, asbestos and asbestos containing products and
`
`materials were mined, manufactured, compounded and fabricated by the defendants, acting
`
`through their agents, employees and representatives, and were subsequently placed in the market
`
`and sold in commerce.
`
`38.
`
`That upon information and belief, the named defendants mined, manufactured,
`
`marketed, sold, distributed, relabeled and commingled those asbestos fibers and asbestos-
`
`containing products which plaintiff was exposed to during the course of his employment; and
`
`plaintiff was actually exposed to the asbestos fibers or asbestos-containing products of each
`
`individual defendant named herein.
`
`39.
`
`That upon information and belief, at all
`
`defendants were miners, manufacturers, processors,
`
`times relevant hereto, each of the
`18 of 34
`importers, converters, compounders,
`
`

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`06/17/2021 01:40:05 PM
`202106170854
`FILED: MONROE COUNTY CLERK 06/17/2021 10:29 AM
`NYSCEF DOC. NO. 1
`
`CIVIL202106170854
`INDEX NO. E2021005424
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`RECEIVED NYSCEF: 06/17/2021
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`
`0211202661665432021005424
`
`
`
`
`
`
`R«C«IV«D NYSCEF: 06/17/2021
`NYSCEF DOC. NO.
`1
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`merchants,
`
`installers, removers, sellers, distributors, marketers and/or suppliers of asbestos,
`
`asbestos-containing products, or products designed to be used with asbestos-containing products,
`
`or products designed to be used with products defendants knew, or should have known, would
`
`likely contain asbestos (hereinafter referred to as "asbestos products").
`
`In addition, the above-
`
`named defendants, acting through their servants, agents and employees, placed such asbestos
`
`products into the stream of commerce and/or caused such asbestos products to be sold and placed
`
`into the stream of commerce, and/or caused asbestos fibers to become airborne through their
`
`work with or around such products.
`
`40.
`
`That upon information and belief, the defendants, acting in concert, failed to
`
`disclose to plaintiff and those similarly situated, or warn them of the known dangers associated
`
`with the use of defendants' asbestos and asbestos-containing products. Defendants' concerted
`
`action took either the form of an express or implied agreement not to warn or was achieved by
`
`providing substantial assistance or encouragement to one another in their wrongful course of
`
`conduct. As a result of defendants' concerted action, plaintiff suffered personal injuries as set
`
`forth below.
`
`41.
`
`That upon information and belief, the defendants, acting in combination, failed to
`
`disclose to the plaintiff and those similarly situated, or warn them of the known dangers
`
`associated with the use of defendants' asbestos and asbestos-containing products. Defendants
`
`mined, manufactured and supplied those asbestos fibers and asbestos-containing products to
`
`which plaintiff was exposed during the course of his employment and are therefore liable
`
`collectively or in the alternative for all of the personal injuries plaintiff suffered from.
`
`19 of 34
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`06/17/2021 01:40:05 PM
`2021061