`NYSCEF DOC. NO. 41
`
`INDEX NO. 190208/2020
`
`RECEIVED NYSCEF: 02/21/2022
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`------------------------------------------------------------------------X
`IN RE: NEW YORK CITY ASBESTOS LITIGATION
`------------------------------------------------------------------------X
`PATRICK KESTER AS EXECUTOR FOR
`THE ESTATE OF LLOYD B. KESTER AND
`MONIKA KESTER AS SPOUSE,
`
`
`Plaintiffs,
`
`-against-
`
`
`AIR & LIQUID SYSTEMS CORPORATION,
`ind. and as suc. to SUCCESSOR BY MERGER to
`BUFFALO PUMPS, INC., et al.,
`
`
`Defendants.
`------------------------------------------------------------------------X
`
`
`
`
`
`
`
`
`Index No: 190208/2020
`
`UNOPPOSED
`SUMMARY JUDGMENT
`MOTION
`AND ORDER
`
`
`
`
`
`
`
`
`
`WHEREFORE, Defendant GARDNER DENVER, INC. incorrectly sued as “GARDNER
`
`DENVER, INC. ind. and as suc. to BUTTERWORTH JETTING SYSTEMS, INC. (hereinafter
`
`“GARDNER DENVER) hereby requests Summary Judgment in the above-entitled action, pursuant to Civil
`
`Practice Law and Rules Sections 3212, dismissing the complaint and cross-claims against Defendant
`
`GARDNER DENVER, INC. with prejudice, and after notice to all co-defendants there is no opposition, it
`
`is,
`
`ORDERED, that all claims and cross-claims defendant, GARDNER DENVER, INC. are
`
`dismissed with prejudice and without costs.
`
`Dated: ______________2022
`
`New York, New York
`
`
`_____________________________
`Brian Early, Esq.
`THE EARLY LAW FIRM L.L.C.
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`Attorneys for Plaintiff
`
`
`
`
`
`
`
` __________________________
`
`Sebastian Melo-Ortiz, Esq.
`SEGAL McCAMBRIDGE
`SINGER & MAHONEY, LTD.
`Attorneys for Defendant
`Gardner Denver, Inc.
`777 Third Avenue, Suite 2400
`New York, New York 10017
`
`SO ORDERED, ________________________________
`
`
`
`Hon. Adam Silvera, J.S.C.
`
`1 of 1
`
`
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