throbber
FILED: NEW YORK COUNTY CLERK 01/06/2017 12:57 PM
`NYSCEF DOC. NO. 228
`
`INDEX NO. 190017/2013
`
`RECEIVED NYSCEF: 01/06/2017
`
`1 of 11
`
`

`

`Company; Leviton Manufacturing Co., Inc.; Manville Trust; Peerless Indusiries,1nc.; Rockwell
`Automation, Inc., as successor by merger to Allen-Bradley Co., LLC; Siemens Industry, Inc.,
`successor in interest to Siemens Energy & Automation, Inc.; Schneider Electric USA, Inc., f/k/a
`Square D Co.; Union Carbide Corp.; and Weil-McLain Co., Inc., with the aggregate sum of all
`settlement amounts paid, or recited to be paid, to Plaintiff being Two Millipn, Five Hundred
`Seventy-Six Thousand, Two Hundred Fifty, and 00/100 Dollars ($2,576,350.00);
`AND the Court having dismissed Plaintiff’s actions against Defendants Amchem Products,
`Inc., n/k/a Rhone Poulcnc Ag Company, n/k/a Bayer Cropscience, lnc.; Certainteed Corp, Turner
`Construction Company upon Dcfcndants’ No-Opposition Summaryjudgrhent Motions and the
`
`parties’ stipulations to discontinuance therefor;
`AND the actions against Defendants Owens—Illinois, Rapid-American Corporation and US.
`Rubber Company (Uniroyal) having been discontinued and abandoned;
`AND the trial of this action having proceeded against Crane Co., before the Honorable
`Cynthia S. Kern, ajustice of this Court, and a juryaat IAS Part 55, at Room 432 of this Court held at
`the Courthouse thereof, at 60 Centre Street, New York, New York, on or about May 12, 2014, and
`on certain dates and in proceedings occurring through june 16, 2014, and Plaintiff, having duly
`appeared by her attorneys, Weitz
`Luxenberg, P.C., and Crane Co., by its'iattorneys K&L Gates;
`AND Plaintiff’s action against Crane Co. having been tried to a verdict rendered june 16,
`2014, in favor of Plaintiff and against Crane Co., and the jury having appoftioned nine percent (9%)
`of the fault to Crane Co.;
`'
`AND, notwithstanding its decision to apportion Crane Co.’s equitable share at nine percent
`(9%), the jury having found Crane Co. to have acted with reckless disregard for the safety of others,
`pursuant to CPLR 1602(7), thereby negating the liability limitations set forth in CPLR 1601;
`AND the jury having appbrtioned one percent (1%) of the fault as‘fagainst settling
`Defendant Carrier Corporation, four percent (4%) of the fault as against sdttling defendant Cutler
`Hammer, Inc., four percent (4%) .of the fault as against settling Defendantl'General Electric Co.,
`
`three percent (3%) of the fault as against settling Defendant Gould Pumps, Inc., three percent (3%)
`of the fault as against settling Defendant Ingersoll~Rand Co., four pawns-(4%) of the fault as
`against settling Defendant ITE Circuit Breakers, Inc., three percent (3%) of the fault as against
`settling Defendant chi'ton Manufacturing Co., Inc., seven percent (7%) of the fault as against
`settling Defendant Manville Trust, three percent (3%) of the fault as against settling Defendant
`j
`,
`.
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`2
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`2 of 11
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`

`fa
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`Peerless Industries, Inc., three percent (3%) of the fault as against settling Defendant Rockwell
`
`Automation, Inc., as successor by merger to Allen-Bradley Co., LLC, five percent (5%) of the fault
`as against settling Defendant Siemens Industry, Inc., successor in interest to: Siemens Energy &
`Automation, Inc., five percent (5%) of the fault as against settling Defendant Schneider Electric
`USA, Inc., f/k/a Square D Co., and three percent (3%) of the fault as against settling Defendant
`Weil-McLain Co., Inc.;
`‘1
`'
`
`AND the jury having apportioned one percent (1%) of the fault as against nonsettling
`tortfeasor AC 8c S, Inc., one percent (1%) of the fault as against non-settling tortfeasor ACE, one
`
`percent (1 %) of the fault as against non-settling tortfeasor Armstrong World Industries, one percent
`(1%) of the fault as against non-settling tortfeasor Celotex Corporation, on; percent (1%) of the
`fault as against non-settling tortfcasor Congoleum, three percent (3%) of tiie fault as against non-
`settling tortfeasor Eagle, five percent (5%) of the fault as against non-settling tortfeasor Eagle Picher
`Industries, two percent (2%) of the fault as against non-settling tortfeasor Iiibrcboard Corporation,
`three percent (3%) of the fault as against non-settling tortfcasor Graybar, two percent (2%) of the
`fault as against non-settling tortfeasor Kentile Floors, two percent (2%) ofthe fault as against non-
`settling tortfeasor Lightolier, four percent (4%) of the fault as against non-gettling tortfcasor
`National Gypsum, five percent (5%) of the fault as against non-settling tortfcasor Owens-Corning,
`three percent (3%) of the fault as against non-settling tortfeasor Riley Stoker, one percent (1 °/o) of
`the fault as against non-settling tortfeasor Trane, four percent (4%) of the fault as against non-
`settling tortfeasor U.S. Gypsum, and four percent (4%) of the fault as against non-settling tortfeasor
`Westinghouse Electric Corp.;
`."
`AND the aggregate equitable share apportioned to the settling tortfeasors thus toraling
`forty-eight percent (48%);
`'
`AND settlement monies recited or received from tortfeasors not appearing on the verdict
`sheet totaling Three Hundred Ninety Thousand and 00/100 Dollars ($390,000.00);
`AND settlement monies recited or received from tortfeasors apportioned fault on the
`verdict sheet toraling Two Million One Hundred Eighty-Six Thousand Thfee Hundred Fifty and
`00/100 Dollars ($2,186,350.00);
`’
`AND the jury having rendered a compensatory damage award in favor of Ivan Swebcrg for
`his pasr pain and suffering in the amount of Five Million and 00/100 Dollars ($5,000,000.00);
`AND the jury having rendered a compensatory damage award in favor of Ivan Swebcrg for
`
`.
`
`3
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`3 of 11
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`his future pain and suffering in the amount of Ten Million and 00/100 Dollars ($0,000,000.00);
`AND the Court, upon the post-trial motion of Crane Co. for judgment as a matter of law
`dismissing the complaint or, alternatively, to set aside the verdict as againstfthe weight of the
`evidence, having denied said motion to thatextent, and having granted thatf branch of Ctane Co.’s
`post-verdict motion to the extent of ordering a new trial on the issue of future damages unless
`Plaintiff stipulates that the jury’s award for Plaintiff’s future pain and suffering shall be reduced to
`
`Five Million and 00/100 Dollars ($5,000,000.00);
`AND the Plaintiff having stipulated that the jury’s compensatory damage award in favor of
`Ivan Sweberg for his future pain and suffering shall be reduced from Ten Million and 00/100
`Dollars ($10,000,000.00), to Five Million and 00/100 Dollars ($5,000,000.00), making in all a total
`compensatory damage award to Plaintiff in the amount of Ten Million andiOO/100 Dollars
`($10,000,000.00), one hundred percent of which constitutes non-economicfdamages;
`
`IT IS ORDERED, ADJUDGED AND DECREED that the net verdict be and is hereby
`
`reduced by the amount of the settlement monies recited or received from tortfeasors nor appearing
`on the verdict sheet, totaling Three Hundred Ninety Thousand and 00/ 100 Dollars ($390,000.00),
`leaving a net verdict of Nine Million Six Hundred Ten Thousand and OO/lOO Dollars
`($9,610,000.00), which is comprised of a total of Four Million Eight Hundi'ed Five Thousand and
`00/100 Dollars ($4,805,000.00) for Ivan Sweberg’s past pain and suffering; and Four Million Eight
`Hundred Five Thousand and 00/ 100 Dollars ($4,805,000.00) for Ivan Sweberg’s future pain and
`
`su ffering; and
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to
`
`G.O.L. § 15-108, the net verdict be and is hereby reduced to fifty-two percent (52%) of the total
`verdict, being fifty-two percent (52%) of Four Million Eight Hundred Fivei Thousand and 00/ 100
`Dollars ($4,805,000.00) for Ivan Sweberg’s past pain and suffering, or Two: Million Four Hundred
`Ninety-Eight Thousand Six Hundred and 00/100 Dollars ($2,498,600.00), and fifty-two percent
`(52%) of Four Million Eight Hundred Five Thousand and 00/100 Dollar5'($4,805,000.00) for Ivan
`
`Sweberg's future pain and suffering, or Two Million Four Hundred Ninety-Eight Thousand Six
`
`Hundred and 00/ 100 Dollars ($2,498,600.00), leaving a net total verdict of Four Million Nine
`Hundred Ninety-Seven Thousand Two Hundred and 00/ 100 Dollars ($4,997,200); and
`
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`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff Laraine
`
`Sweberg, as Executrix for the Estate of Ivan Sweberg, 1805 Echo Place, Merrick, New York 11566,
`
`has final judgment against Defendant Crane Co., 100 First Stamford Plaza, Stamford, Connecticut
`
`06902, in the sum of Two Million Four Hundred Ninety-Eight Thousand Six Hundred and 00/ 100
`Dollars ($2,498,600.00) for Ivan chberg’s past pain and suffering, and the lump sum amount of
`Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) for his future pain and suffering
`
`pursuant to CPLR § 5041(e), giving the amount of Two Million Seven Hundred Forty-Eight
`
`Thousand Six Hundred and 00/ 100 Dollars ($2,748,600.00), and have execution thereon, and
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that costs and
`
`disbursements are taxed in the sum of $800 Dollars, bringing the total net lump sum verdict to Two
`
`Million Seven Hundred Forty-Nine Thousand Four Hundred and 00/ 100 Dollars ($2,749,400.00)
`
`(Proposed Bill of Costs attached as Exhibit “A”); and
`
`‘
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that posr~verdict
`
`interest (on said net lump sum verdict of Two Million Seven Hundred Forty-Nine Thousand Four
`Hundred and 00/ 100 Dollars $2,749,400.00», pursuant to CPLR 5002 and 5004 is awarded at nine
`
`percent (9%) per annum simple interesr in the amount of
`'
`lSV’ 30953
`, bringing the total award to
`fi
`.
`.2
`.3)
`0.313913%
` Dollars, and have execution thereon; and
`
`
`
`
`
`
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the remaining
`
`amount of future damages being Two Million Two Hundred Forty~Eight Thousand Six Hundred
`and 00/ 100 Dollars ($2,248,600.00), Plaintiff Laraine Swebcrg, as Executrix for the Estate of Ivan
`Swebcrg, 1805 Echo Place, Merrick, New York 11566, has final judgment against Defendant Crane
`Co., 100 First Stamford Plaza,'Staimford, Connecticut 06902, for the present‘val'ue of Ivan Sweberg’s
`remaining future pain and suffering (after subtraction of attorneys fees in a lump sum, pursuant to
`CPLR§ 5041(c)), in the amount of One Million, Five Hundred Fourteen Thousand Four Hundred
`Ninety-Seven and 06/100 Dollars ($1,514,497.06), plus interest at nine percent (9%) from June 16,
`1. 6:0 031,11-
`2014, in the amount of $
`, and have execution thereon,
`
`
`and
`
`‘fi
`
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`5 of 11
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`

`(0
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to
`C.P.L.R. § 5041(c), the law firm of WEITZ & LUXENBERG, P.C., located at 700 Broadway, New
`York, New York 10003, shall recover from Defendant Crane Co., 100 FirstZStat-nford Plaza,
`Stamford, Connecticut 06902, the sum of Seven Hundred Fifty—Seven Thousand Two Hundred
`
`Forty-Eight and 53/ 100 Dollars ($757,248.53), as attorneys’ fees related to 'future damages payable
`in a lump sum, plus interest at nine percent (9%) from june 16, 2014, in the amount of S St") 0%(1 (a L/
`dill
`380/ l,
`, and have execution thereon, and
`
`
`
`IT IS FURTHER ORDERED, ADJUDGED AND DECREED that, pursuant to
`C.P.L.R. § 5041(e), Defendant Crane Co., 100 First Stamford Plaza, Stamford, Connecticut 06902,
`be and is hereby directedto offer and purchase and warranty payment of an annuity contract
`designated as qualified by the Superintendent of Insurance for Plaintiff Larainc Sweberg, as
`Executrix for the Estate of Ivan chberg, that will pay her equal monthly installments in the amount
`of Eighty Three Thousand Thirty—One and 64/ 100 Dollars ($83,031.64) for Ivan Swebcrg’s future
`pain and suffering forone year from June 16, 2014, and that will pay her eglial monthly installments
`in the amount of Eighty—Six Thousand Three Hundred Fifty-Two and 90/1'00 Dollars ($86,352.90)
`for Ivan Sweberg’s future, pain and suffering for the next six month period;
`
`Judgment signed this
`
`b day of {fibl 35‘ x, 2015.
`
`Hon. Cynthia S. Kern,j.S.C.
`N
`CYNTHlA 3-
`Gleam, fit. 7 l
`'7
`
`
`Clerk of the Court
`5,
`
`.
`
`60f ll
`6 of 11
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`

`

`200.00
`
`200.00
`
`SUPREME COURT
`
`COUNTY OF NEW YORK
`
`LARAINE SWEBERG, As Executrix for the Estate of IVAN
`SWEBERG, and LARAINE SWEBERG, Individually,
`
`:
`
`Index No_ 190017/13
`
`COSTS OF PLAINTIFF
`
`'
`-agamst-
`
`Plaintiff(s)
`
`ABB, 1NC., et al.
`
`Defendant(s)
`
`W w P
`
`roceedings before Note of Issue is filed ($200) - CPLR § 8201(1)............................................. ..$
`
`Proceedings after Note of Issue is filed and before trial ($200) - CPLR § 8201(2) ........................$
`Trial ($300) - CPLR § 8201(3) .................................................................................................
`
`Inquest ($300) - CPLR§ 8201(3) ...................................................................................................$
`
`Assessment of damages ($300) - CPLR § 8201(3) ....................................................................... ..$
`
`Additional allowances in real property actions - CPLR § 8302(3), (b), (d) .................................. ..$
`
`Motion (fixed by court, not exceeding $100) - CPLR § 8202 .........................................................3
`
`Appeal to Appellate Division ($250 unless court awards lesser amount) - CPLR § 8203 ..............$
`
`Appeal from County Court to Appellate term - CPLR § 8203(a) ...................................................$
`
`Appeal to Court of Appeals ($500 unless court awards lesser amount) - CPLR § 8204 ............... ..$
`
`Frivolous claims and counterclaims in actions for recover damages for personal injury,
`injury to property or wrongfirl death (awarded by court) - CPLR § 8303-a ................... ..$
`
`at
`
`SUBTOTAL $
`
`FEES and DISBURSEMENTS for:
`
`’ Affidavits, oaths, acknowledgments, certification and exemplification - CPLR§ 8009 ................$
`
`Index number of county clerks - CPLR § 8018...............................................................................$
`
`Filing note of issue/placing case on calendar - CPLR § 8020(a) .................................................. ..$
`
`Filing demand forjury trial - CPLR § 8020(c) ............................................................................. ..$
`
`‘ insert any other costs, fees or disbursements.
`_
`
`210.00
`
`30.00
`
`65.00
`
`American Lemme! inc
`www.FormsWarkfldw.com
`
`7ofll
`7 of 11
`
`

`

`Stenographers - CPLR §§ 8301 and 8002 ..................................................................................... ..$
`
`Witnesses - CPLR §§ 8301(a)(1) and 8001 ................................................................................... ..$
`
`Referees - CPLR § § 8301(a)(1) and 8003 .................................................................................... ..$
`
`Officers - CPLR § 8301(a)(1) ....................................................................................................... ..$
`
`Commissioners taking depositions (reasonable compensation) - CPLR § 8301(a)(2) ....................$
`
`Publication directed pursuant to law - CPLR § § 8301(a)(3) and 8007 ........................................ ..$
`
`Certified copy of a paper necessarily obtained for use on trial - CPLR § 8301(a)(4) .....................$
`
`Securing copies of opinions and charges ofjudges - CPLR § 8301(a)(5).......................................$
`
`Printing papers for a hearing (reasonable expenses) - CPLR § 8301(a)(6) .....................................$
`
`Entering and docketing the judgment (prospective charges) - CPLR §§ 8301(a)(7) and 8016(a)(2) ) ...$
`
`Sheriffs fees for receiving and returning order of attachment - CPLR §§ 801 1(a) and 8012 ...... ..$
`
`Sheriffs fees for receiving and retumm'g one execution - CPLR §§ 8301(a)(8), and 801 l (b), (c) and (d),
`and 8012 ......................................................................................................................... .3
`
`Taking and making two transcripts of testimony on an Examination Before Trial (not exceeding $250 in
`any one action) - CPLR § 8301(a)(9)................................................................................$
`
`Searches made by title insurance companies - CPLR § 8301(a)(10) ..............................................$
`
`Searches made by abstract companies - CPLR § 8301(a)(10) ........................................................$
`
`Searches made by searching companies - CPLR § 8301(a)(10) ........................................... .; ........$
`
`Searches made by a public officer authorized to made ofiicial searches and certify to the same - CPLR §
`8301(a)(10) .......................................................................................................................$
`Searches made by attorney for party to whom costs are awarded (not exceeding cost ofsimilar official
`searches) - CPLR § 8301(a)(10) .......................................................................................$
`
`Securing an undertaking to stay enforcement ofa judgment subsequently reversed (reasonable expenses
`actually incurred) - CPLR § 8301(a)(l 1) ..........................................................................$
`
`Other (reasonable and necessary expenses according to course and practice ofcourt, by express provision
`of law or by court order) - CPLR § 8301(a)(12) ............................................................. ..$
`
`Postage - CPLR § 8301(a)(12) .................
`
`.....................................................................................$
`
`Appeal to Court of Appeals (clerk's fees) - CPLR § 8301(a)(12) ...................................................$
`
`Motion (reasonable and necessary expenses awarded upon motion ofparty or upon court's own initiative)
`- CPLR § 8301 (b) ............................................................................................................$
`
`Party not awarded costs in an action or on appeal or in an action for a sum ofmoney where party recovers
`at least $50 - CPLR§ 8301(0)......................................................................................... ..$
`
`Service performed, other than a search (reasonable sum actually and necessarily expended if it is usual
`charge made by private persons) - CPLR § 8301(d) ....................................................... ..$
`
`Serving summons and complaint or summons with notice - CPLR §§ 830l(d) and 8011(h) .........$
`
`Serving subpoena - CPLR §§ 8301(d) and 8011(h) ........................................................................$
`
`Request for Judicial Intervention ....................................................................................................$
`a:
`
`95.00
`
`‘ Insert any other costs, fees or disbursements.
`
`www.FonnsWorkflaw.eom
`
`80f ll
`8 of 11
`
`

`

`
`
`SUBTOTAL
`
`S
`
`400.00
`
`TOTAL
`
`3 ......._._.§29~_°2
`
`Attorney's Affirmation
`
`STATE OF NEW YORK
`COUNTY OF NEW YORK
`
`)
`:
`
`$5"
`
`, an attomey duly admitted to practice law in the courts of
`ALAN] GOLANSKI
`The undersigned,
`the State of New York, hereby affirms the following under penalty of perjury: I am ** counsel with Weitz & Luxenberg,
`P.C., attorneys for Plaintiff,
`
`and as such, am fully familiar with the facts and circumstances of the above captioned action; that the foregoing costs are
`correct and were necessarily incurred in this action and are reasonable in amount; and that the services for which fees have
`been charged were actually and necessarily performed and are reasonable in amount.
`
`
`
` (Affirming attorney musTsiEn p two and type. name below)
`Alani Golanski
`
`_We.itz & Luxenberg, P.C.
`Attorney(s) for Plaintiff
`Office and PO. Address
`700 Broadway, New York, N.Y. 10003
`
`
`Telephone No.2 5212) 558-5500
`
`.
`
`Dated: January 16, 2015
`
`“‘ Insert attorney of record information.
`
`Costs are taxed in the amount of
`and included in the judgment.
`
`
`
`Dated:
`
`'
`
`.____________._..._..............................._.__._._
`Clerk of the Court
`'
`
` ”
`
`K
`
`-
`
`a "
`
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`41;! ,‘géki; "
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`'
`
`h...
`
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`'lnsert an other costs, fees or disbursement-s.
`y
`
`~
`,LA,k
`i
`
`1 at
`
`
`
`American LegalNet, inc.
`www.FormsWork/Icw.com
`
`90f ll
`9 of 11
`
`

`

`Notice of Taxation
`
`PLEASE TAKE NOTICE that the within is a true copy of the items of costs, fees and disbursements 'm the within
`action which
`* * * taxed by the Clerk of the within Court on [insert date and time of taxation] and the amounts of
`same inserted in the judgment,
`
` Dated:
`
` (Attorney must si “F
`
` - name below)
`
`
`
`
`Attomey(s) for
`Office and PO. Address
`
`
`
`
`
`Telephone No.2
`
`I_
`
`| ii
`
`*” insert “have been” or “will be", as the case may be. See CPLR §§ 8402 and 8403.
`
`American LegaINet, Inc.
`vmw.FormsWorkflow.com
`
`10 of 11
`10 of 11
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`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`___________________________________________________________________________-X
`
`IN RE: NEW YORK CITY ASBESTOS LITIGATION
`__________________________________________________________________________-_X
`
`This Document Applies To:
`
`.
`
`-
`
`LARAINE SWEBERG, as Executrix for the Estate of
`IVAN SWEBERG and LARAINE SWEBERG, Individually,
`
`Index No. 190017/2013
`
`Plaintiffs,
`
`-against—
`
`ABB, INC. as successor in interest to
`ITE CIRCUIT BREAKERS, INC,
`
`Defendants.
`; _________________________________________________________________________-_X
`
`.
`
`WEITZ & LUXENBERG, P.C.
`Attorneys for Plaintiffs
`Office and Post Office Address:
`
`700 Broadway
`New York, New York 10003
`Phone No.: (212) 558-5500
`Fax No.: (212) 344-5461
`
`/.
`
`11 Of 11
`11 of 11
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`

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