`NYSCEF DOC. NO. 70
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`INDEX NO. 190034/2024
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`RECEIVED NYSCEF: 05/15/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`ALL COUNTIES WITHIN THE CITY OF NEW YORK
`---------------------------------------------------------------------x
`IN RE: NEW YORK CITY ASBESTOS LITIGATION
`---------------------------------------------------------------------x
`LEONARD P. LATOUR and LORI NEWELL,
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`Plaintiffs,
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`-against-
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`ABB, INC., Individually and as successor in interest
`to ITE CIRCUIT BREAKERS, INC., et al.,
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`Defendants.
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`---------------------------------------------------------------------x
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`AFFIRMATION OF
`NICHOLAS L. MAGALI
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`Index No. 190034/2024
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`NICHOLAS L. MAGALI, an attorney duly admitted to practice before the courts of the
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`State of New York, hereby affirms the following to be true under the penalties of perjury pursuant
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`to CPLR 2106.
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`1.
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`I am an associate with the law firm of Clyde & Co US LLP, counsel for Defendant
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`Burnham Holdings, Inc. (“BHI”) in the above-captioned action. Accordingly, I am fully familiar
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`with the facts set forth herein and the documents attached hereto.
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`2.
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`Annexed hereto as Exhibit A is a true and correct copy of Plaintiffs’ Amended
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`Complaint (“Complaint”) (NYSCEF Doc. 60), along with the Weitz & Luxenberg, P.C. Standard
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`Complaint for Personal Injury No. 8.
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`WHEREFORE, for the reasons set forth herein, together with those in the accompanying
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`Memorandum of Law and Affirmation of Samantha L. Fugagli, it is respectfully submitted that
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`1 of 2
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`
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`FILED: NEW YORK COUNTY CLERK 05/15/2024 10:31 PM
`NYSCEF DOC. NO. 70
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`INDEX NO. 190034/2024
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`RECEIVED NYSCEF: 05/15/2024
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`this Court should grant BHI’s motion to dismiss in its entirety, together with granting BHI such
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`other and further relief as this Court deems just and proper.
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`Dated: New York, New York
`May 15, 2024
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`/s/ Nicholas L. Magali
`NICHOLAS L. MAGALI
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`2 of 2
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