FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`NYSCEF DOC. NO. 280
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`INDEX NO. 190464/2018
`INDEX NO. 190464/2018
`RECEIVED NYSCEF: 02/02/2022
`RECEIVED NYSCEF: 02/02/2022
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`
`EXHIBIT A
`EXHIBIT A
`
`

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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`StJPREMB COURT OP THE STATE OF NSW YORK
`ALL COUNTIES WITHIN NEW YORK CITY
`
`In Re; NEW YORK CITY
`ASBESTOS LITIGATION
`
`This Document Applies to:
`
`MICHAEL FOSTER aY~d GAYLENE FOSTER v. ATR
`& LIQUID SYSTEMS CORPORATION et al;
`
`NYCAL
`Index No.: 190464/2018
`
`PLAINTIFF'S RESPONSE TO
`DEFENDANTS'STANDARD
`SET OF INTERROGATORIES
`AND RI±.QIJEST FOR
`PRUDUCTIOlV
`OF DOCUMENTS
`
`GENERAL OBJ~CTYON
`
`Plaintiff s object to these discovery requests to the extent they seek inforanation protected as
`
`attorney-client privilege and/or work product doctrine. Finally, Plaintiffs object to any discovery
`
`request that may be construed as requesting production of 'roof of Claim Forms (YOCs) and/ox
`other documents reflecting communications between Plaintiff and any settierr►ent trust or any other
`
`entity made solely for purposed of settlement. CPLR § 4547.
`
`

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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`INDEX NO. 190464/2018
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`INTERROGATORIES
`
`State the following:
`your Eull name, and all other names by which you have been known;
`(a)
`age, axed date and place of birth;
`(b)
`whether you were an adopted child;
`(c}
`present marital status, date of current nnarriage, spouse's maiden name, dates of
`(d)
`any prior nnarriages and the names of any prior spouses, if applicable;
`present home address; and
`(e)
`(~ social security number.
`
`(c)
`(d)
`
`ANSWER TO INT~RROGAT~RY 1:
`l~ict~ael Foster.
`(a)
`(b) 76; Plaintiff was born in 1942; 640 Bradford Street, Bj•ool~lyn, Ne~~ York
`1l 207.
`Natural.
`A'Iarried. Plaintiff has been married to Ga3lene Fosfier since February 20,
`1965.
`14$2 Holiday Pa~~k Drive, Wantagh, NY 11793.
`Plaintiff objects to providing fu11 social security number in this document
`because it includes private and confidential personal identification
`information and will herein provide the last four digits:
`
`{e)
`(#J
`
`2.
`
`State the following with regard to your father and mother:
`names;
`(a)
`current address (if deceased, state last known address);
`(b)
`the current condition of each one`s health, including any specific medical problems.
`(c)
`If either of your paaents are deceased, please state fox each deceased parent:
`i, specific physical problems;
`ii. date and place of death;
`iii. age and cause of death for each parent.
`
`ANSWER TO INTERROGATORY NO.2:
`Plaintiffls father, Benjamin I+ink.
`(~)
`Plaintiff s mother, Annette rink.
`(b) Not APplicabte.
`Plaintiff s parents are deceased.
`(c)
`i. FatT~er: Deceased; Heart Failure; Ap~aroximatel3~ 19'70's
`ii. Monier: Deceased, Heaa•t Attack; Approxianately 1953
`
`State the fallowing with regard to each of your children:
`full name;
`(a)
`(b) the date of birth;
`sex;
`(c)
`current address (if deceased, state the last known address);
`(d)
`social security number;
`{e)
`
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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
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`whether birth child or adopted child;
`(fl
`(g) currel~t state of each one's health. if any of your children are deceased, state for
`each deceased child:
`i. specific physical problems;
`ii. date and place of death; and
`iii. age and cause of death for each child.
`
`ANS'~V~R TO INTERROGATORY NO.3:
`Bradley Foster.
`(a)
`19b6.
`(b}
`Male.
`(c)
`(d) Longmeadow, NY.
`Plaintiff objects to providing t1~is information.
`(e)
`Natural.
`(f~
`(g) Healthy.
`
`(a) Amy Cruse.
`~s~9.
`~b>
`Female.
`(c)
`(d) fast Meadow, NY.
`Plaintiff objects to providing this information.
`{e)
`(~ Natural.
`Healthy.
`(g)
`
`4.
`
`State the complete address of all places you have resided since birth giving the inclusive
`dates of residence for each place named and as to each state:
`fuel used for heating and cooking;
`(a)
`significant home improvements (e.g., additions, reinsulation, re-wiring, etc.);
`(b)
`number o~family units ca-occupying said structure.
`(c)
`
`ANSWF,R TO INTERROGATORY NO.4:
`Plaintiff resided at the follo~~ving addresses:
`
`1482 Holiday Park Drive
`W~nt~gh, NY l 1793
`Approxirr►ately 2973-Present
`Heating: Oil, Cookrng: Gas.
`(a)
`(b) Plaintiff perfo~•med home renovations where he repaired craclzs in walls;
`replaced electrical circuits, panels, stivitches, wires and cables acid outlets
`throughout the house; insulated the attic and the crawl s~~ace. Plaintiff recalls
`working with r~vires and cables; s~cvitches (Cutler Hax~~zsier•, Square D), panels
`(Cutler Hammer, Square D); starters (Cutler H~m~ner); circuit breakers
`(Square D, General ~lectrec, Westingl►ouse); relays (Square ll), caulk (DAY);
`and joint compounds (US Gypsum) during the }some renovations; see also
`P1aii2tif£'s Ans. to Int. 16.
`Si~igle family home.
`
`(c)
`
`

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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`149-77 254"' Street
`Rosedale, Queens, Ne~v York 11422
`Approximately 19G9-1973
`Heati~ag: Gas, Cooking: Gas
`(a)
`(b) Pl~iutiff installed a~i electrical outlet in the basement.
`T~vo fnn~ily Home
`(c)
`
`102-55 67th Drive
`Forrest Hills, NY 11375
`A~praxiniately 1965-19G9
`(a) Plaintiff does not recall.
`(b) Novae.
`~-lpartment
`(c)
`
`640 Bradford Street
`Brool~lyn, Ne~sv York 11207
`Plaintif#''s Birth tiantil 1965
`
`(a) Heating: Coal, Cooking: Coal;
`{b) Plaintiff does not recaIl;
`Apartment
`(c)
`
`For every physician or other health care provider who ever tested, treated, consulted with
`or examined you up to and including the present date, for any reason whatsoever, please
`state the following separately as to each:
`naza~e and address of physician or health care provider and, if ongoing, the
`(a}
`approXirr►ate frequency of said fireatment and services;
`dates) of test, examination and/or treaimen#;
`syanptoms complained of at fihe time, if any;
`any diagnosis made;
`treatment or examination given and reason for treatnnent or examination; and (~
`any dru;s or medications prescribed.
`
`(h)
`(c)
`(d)
`(e}
`
`ANSWER TO INTERROGATORY NO. S:
`At the present tiYne, aithou~h it is possible that Plaintiff consulted otdxe~- doctors,
`nurses and health care providers, Plai~jtiff recalls the following names, dates and
`treatments:
`(a) Dr. ~d~~vard Hotcl~l~iss, 733 Sunrise H~v~~., 3rd Floor, Lynbrook, NY 11563.
`A~proxiinately 19b0's to the paresent.
`(b)
`Ya•ianary Care. See Medical Records.
`(c)
`See 1'~Iec~ical Records.
`(d)
`See lif~ec~ical Records.
`(e)
`See Medical Records.
`(~
`(a) Dr. Raja A'I. Flores 1470 Madison Ave., Ne~~ York, NY 10029.
`Approximately July 2Q18 to the present.
`(b)
`
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`See lYiedical Records
`(c)
`(d) A'Ialignant pleural mesoti~eliorna. See Medical Records.
`See Medical Records.
`(e)
`(~ See Medical Records.
`
`(a) Dr. Keith 1VI. Sullivan, Narth~vell Health, 450 Lakeville Road, Lake Success,
`NY 11042.
`(b) Approximately August 2018 to tl~e pz•eserit.
`Treatment for mesatlielioma. See Medical I2ecoz•ds.
`(c)
`(d) MaligriAnt pleural mesothelioma. See MQdical Records.
`See Medical Records.
`{e)
`See Medical Records.
`(fj
`
`{a) Dr. Evan R. Eisenberg, Advanced Urology Centers of Ne~cv York, 41Q0 Daff
`Place, Suite A, Seaford, Ne~v York l 1.783.
`(b) Approximately August 2018 to ttie present.
`Urologicnl syxnpton~s arising out of treatment for nzesott~elioma.
`{c)
`(d) See MQdical Records.
`See Medical Records.
`(e)
`See TVIedreal Records.
`(fj
`
`(a) llr. Jarred Ma~•shak, Gastroenterologist, 1488 Wantagh Avenue, Wantagh,
`New York 11793.
`(b) Appl•oximately August 2018 to tl~e present.
`Abdominal pain related to mesothelioma treatment.
`(c)
`(d) See 1Medical Records.
`See Medical Records.
`(e) .
`(~ See Medical Reco~•c~s.
`
`(a}
`
`Dr. Norma L. Wenger, Island Renal Physicians, 250 Pettit Avenue, Bellmore,
`NY 11570. Renal Physician.
`(b) Approximately 20Q8 to the present.
`Treatz~~;eut related to kidneys. See Medical Records.
`(c)
`(d) See Medical Records.
`See Medical Records,
`(e)
`(~ See ~Vledical Records.
`
`(a) D~•. eve Lt~pQnko, 160 Crossways Parlc Drive, t~Voodbury, NY 1179'7.
`(U) A~~~roximately 201 to the present.
`Dermatological care. See 11~edical T2ecords.
`(c)
`(d) See Medical Records.
`See Medical Records.
`(e)
`{~ See 1Wledical Recot-c~s.
`
`

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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`INDEX NO. 190464/2018
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`RECEIVED NYSCEF: 02/02/2022
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`6.
`
`Dr. Neil Steller,131 Merrick Road, Sane #1,1VIerx•ick, NY 11566
`(a)
`(b) Approximately 2 visits in October 2018.
`Abdominal pain related to Rnesofhelioma treatmeijt.
`(c)
`(d) See Medical Records.
`See 1VTedical Records.
`(e)
`(~ See Meciicdl Records.
`
`(a) Dr. David Zeltsman, 270-OS 76t'' Avenue, Ne~v ~Iyde Park, NY 11Q40.
`(b) Appraximatety July 2Q18.
`Treatment for nnesotheliorr►a. See Medical Retards.
`(c)
`See Medical Records.
`(d)
`See Medical Records.
`(e)
`See il7edical Recot•ds.
`(f)
`(a) Dr. Diana 11~tartins-WeIc1i, 8b5 Northern Boulevard, Great Neck, NY 11021
`Approximately Novembe►• 2018 to t1~e present.
`(b)
`Psyclaalogical treatment for depressioa~ ax•ising out of mesathelioina diagnosis.
`(c}
`Depression. See Medical Records.
`(c1)
`See Medical Records.
`(e)
`See 11~edical Records.
`(~
`Fot• every hospital, clinic or health care institution in which you have ever been adnnitted,
`treated, tested, or examined, whether as an "in-patient" or as an "out- patient," please state
`the following for each such visit:
`name and address of the facility;
`(a)
`dates and description of test, treatment, examination ox hospitalization and,. if
`(b)
`ongoing, the approximate frequency of said treatment and services; and
`reason for visit to the facility.
`
`(c)
`
`ANSWER TQ TNTERROGAT~RY NO.6:
`At the present tinge, although It is possible that Plaintiff nnay have been treated or examined
`in other hospitals and health institutions, Plaintiff recalls the following:
`
`(a) Mount Sinai Hospital —1 Gastave L. Levy Place, New Yo~•k, NY 10029.
`See Medical Recot•ds.
`(b)
`See Medical Records.
`(c)
`
`(a)
`(b)
`(c)
`
`(a)
`
`(b)
`(c)
`(a)
`
`Northwell Health - 450 Lakeville Rd. North New Hyde Park, NY 11042.
`See Medical Records.
`See Medical Reco~•ds.
`
`Advanced Urology Centers of New York, 4100 Duff Place, Suite A, Seaford, NY
`11783.
`See Medical Records.
`See Medical Records.
`Island Renal Physicians, 250 Pettit Avenue, Bellmore, NY l 1570.
`
`

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`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`(b) See Medical Records.
`See Medical Records.
`{c)
`
`7.
`
`State each of youa• asbestos-related injuries and/or diseases, describe fine nature of those
`syin~toms that you contend are related to your asbestos-related condition(s), and state the
`date when you first experienced each such symptann and the date of diagnosis and the name
`of any diagnosing physician and, if different, indicate the date you first became aware of
`the diagnosis.
`
`ANSWER TO INTERROGATORY NO.7:
`Plaintiff has sustained a number of ast~estos-related injuries, including, but a~ot
`li~nitecl to: nnesothelion~a, pain and suffering, mental and emotional distress,
`abdominal pain, dif~ealty catc~iing breath, weight lass, nausea, loss of appetite,
`fatigue, severe disco~nfart and pain, constipation, and related seyuelae. As indicated
`in Plaintiffs medical records, at various a7~c1 numerous tirnes, Plaintiff has
`experienced a variety of different and differing symptoms related to his injuries,
`which are numerous and frequent. See mecIic~l records for date o#'diagz~osis and tl~e
`name of diagnosing physician.
`
`Describe any pain, incapacity, inability to lead a no~•mal life, inability to v~+ork, or disability
`(including retirement} alleged to have resulted from your medical conditions), including
`the date and basis therefore.
`
`ANSVV~R TO INTERROGATORY NO.8:
`Plaintiff has experienced severe ai~clominal pairs, tvcigl~t loss, loss of appetite,
`difficulty catching breath, fatigue, dif~calEy ~~val~iir~g down his street, dif~culYy with
`Housework, difficulty driving, diffic~~lty going otrt to enjoy normal life activities like
`going oat to dinner, among other things. Plaintiff s asbestos related condition has
`disr~ipted his life and limited him in 1~is everyday activities, interfered with tiffs living
`a normal 1rfe, caused him emotional dist~~ess, fain, suffering, discomfort and
`inconvenience. His ability to do any tasks that require physical exertion including bnt
`not limited to ~~alkrng, traveling, daily household chores, as well as those activities
`mentioned above, have been extensively diminished.
`
`9.
`
`I-have you ever had any biopsies or tissue samples taken? 7f so, please state fox each such
`procedure:
`the name of the physician performing such procedure;
`(a)
`the address where such procedure was performed;
`(h)
`the date when such procedure was performed; and
`(c)
`the results, conclusions, and/or diagnosis arising tro~x~ such procedu~•e.
`(d}
`
`ANSWER TO INTERROGATORY NO.9:
`{a) Dr. Raja 1V.i. Flores, RID (Surgeon)
`(b) One Gustave Levy Place, Ne~v York, Ne~v Yur~t X0029.
`Approxima#ely August of 2018.
`(c)
`Malignant Pleui•a1 lViesothelioma, see medical records.
`(ci)
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
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`INDEX NO. 190464/2018
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`l 0.
`
`Have you ever had any chest x-rays, CT Scans and/or• pulmonary ~utaction tests? If so, state:
`the dates and places;
`(a)
`the reasons;
`(b)
`the results and/or diagnosis resulting therefrom;
`(c)
`the location of all chest X-ray films and CT Scans; and
`(d}
`provide appropriate authorization to obtain all X-rays, CT Scans and pulmonary
`(e)
`function tests.
`
`ANSWER TO INTERROGATORY NO. 10:
`(a) Plaintiff ci~~•i•ently recalls having CT scans taken in Juty of 20I8.
`(b) See Medical Records.
`Malignant Pleural AZesothetioma, see medical records.
`(c)
`(d) CT scans should be in tl~e possession of the respective doc#ot s and hospitals.
`Authorizations have been provided to RecorclTrak.
`(e}
`
`11. Have you ever been exposed to, used, inhaled or ingested any of the following substances
`on a regular basis or at work. If so, state the date(s), place(s), and circumstances thereof.
`acids
`(a)
`aluminum
`(b)
`arsenic
`(e)
`(d) barium
`beryllium
`(e)
`butanol
`(t)
`(g) cadmium
`carborundunn
`(h)
`chloroethylene
`(i)
`chlorine
`(j)
`(k) chromate
`chromite
`(1)
`(m) chronniam
`coal dust (coal)
`(~a}
`{0) coal tar
`(P) cotton dust
`(q) epoxy
`ethanol
`(r}
`grinding dust
`(s)
`(t)
`iron
`isocyanates
`(u)
`isopropaxiol
`(v)
`(w) lead
`live chickens
`(x}
`manganese
`(y)
`nickel
`(z)
`(aa) nitrogen dioxide
`(ab) nuclear radiation
`(ac) ozone
`
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`(ad)
`(ae}
`(afl
`(ag)
`(ah}
`(ai)
`(aj)
`(ak}
`(al)
`
`petroleum distillates
`phosgene
`radiation
`silica
`titanium
`toluene
`welding smoke or fumes
`zylene
`zinc.
`
`ANS'~VER TO INTERROGATORY NO. 11:
`Plaintiff hereby objects to this interrogatory as overly broad, unduly burdensome,
`patently irrelevant, aiad not reasonably calculated to lead to the discovery of
`admissible evidence to Plaintiff s claims arising from his mesothelioma diagnosis.
`Subject to and ~~=ithout waiving the foregoing objection, ot~ occasion plai»tiff worked
`on jobsites at ~vhicla the following substances fvere present: acids, epoxy, grit~dit~g
`dust, lead and welding fumes. From 1942-1465, on occasion, coal dust ryas present at
`his residence at the. time.
`
`12. Do you use o~• have you ever used cigarettes, cigars, pipes, smokeless tobacco, or any other
`tobacco substance, from birth to the present time? If so, state the fallowing:
`(a} the brand and type of tobacco products) ased {e.g., Ater, non-Ater, chewing
`tobacco};
`(b) the dates during which you used each such product;
`(c) the annount of the product used per day, during each period of time (e.g., 2 packs of
`cigarettes per day);
`(d) whether you have ever been told by a physician that you are or were suffering from
`any disease or illness caused by or contributed to by tobacco; and
`(e) whether you were ever advised by any physician or any other person that use of
`tobacco products could adversely affect your health and whetIaer you wea•e ever
`advised to stop using tobacco products, and if so, identify each physician or person
`who gave you any such advice, the dates on which the advice was given, and state
`exactly what, if anything, you did in response to that advice.
`
`ANSWER TO INTERROGATORY NO. 12:
`Plai~~tiff hereby objects to this intex•rog~tory as overly broad, unduly burdensonr~c,
`patently irrelevant, and not reasottably calculated to lead to the discovery of
`admissible evidence to Plaintiff s claims arising fi•om f~is naesothelioma diagnosis.
`Subject Yo and tvitt~out waiving the foregoi~~g oi~jectio►a, No.
`For each spouse and member of your household, from your birth to the present time, state
`whether they use or have eves• used cigarettes, cigars, pipes, smokeless tobacco, or any
`other tobacco substance, and if so, state the following:
`the brand and type of tobacco products) used (e.g., ~Iter, non-filter, chewing
`(a}
`tobacco}; and
`the dates during which they used each such product.
`
`(b)
`
`13.
`
`

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`ANSWER TO INTERROGATORY NO. 13:
`
`Plaintiff hereby objects to this inter~•ogatoty as overly broad, at~cluly bnrdensa~ne,
`patently irrelevant, end not reasonably calcalatecl to lead to the discovery of
`adrnaissible evidence to Plaintiff s claims arising fi•on~ his n~esothelioma c~idgsosis.
`Subject to and ~vithor~t waiving the foregoing objection:
`
`Plaintiff s Mother•, Annette Fink, smoked:
`(a) Chesterfield cigarettes;
`(b) Approx.1942-1965.
`
`Plaintiff s Grandfather, Hari y Feigenbaum, smoked:
`(a) Old Golt~ cigarettes;
`(b) Approx. 1942-1963
`
`14. Do you presently consume or have you in the past consumed alcoholic beverages. if so,
`state the following:
`{a) the type of alcoholic beverages consumed;
`(b) the dates during which you consumed each such alcoholic beverage;
`(c) the amount of such beverage you consumed each day; and
`(d} whether you have ever been treated for any illness or disease related to your
`consumption of alcoholic beverages.
`
`ANSWER TO INTERROGATORY NO. 14:
`Plaintiff hereby objects to this interrogatory as overly broad, anduly burdensome,
`patently irrelevant, and not reasonably calculated to lead to t}~e discovery of
`admissible evidence to Plaintiff s cl~in~s arising froYn }pis niesothelioma diagnosis.
`Subject to and ~cvithoi~t waiving the foregoing objections, Plaintiff would occasionally
`drink alcoholic beverages on sociat oecasi~ns.
`
`l S.
`
`Have you ever been a member of the Armed Forces of the United States`? If so, state the
`following:
`(a) the branch of the service, serial number, and highest rank held;
`(b) the beginning acid ending dates of your nnilitary service;
`(c) the type of discharge that you received; and
`(d} whether you sustained any injuries or incur~~ed any illness during military service.
`if you received a medical discharge, attach a copy hereto and set forth the- medical
`(e}
`reasons.
`
`ANSWER TO INTERROGATORY NO. 15:
`Plaintiff has never served in the military.
`
`l6.
`
`As to each and every employer (including military service) you have had from the time
`you were first employed to the present, set forth the following:
`(Use attached Chart A)
`
`

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`i
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`
`s.
`t
`
`1 i
`
`Include on the Chart all employers where you worked, and all job sites, regardless of
`whether ox not you believe you were exposed to asbestos during the employment. Also,
`include the source of any product identification provided Chart A.
`
`ANSWER. TO INTERROGATORY NO. 16:
`
`(1) FTaintiff~vas employed as an apprentice electrician at the I3roolclyn Navy Yard
`bet~c~een 1960-1965 'where he ryas exposed to asbestos ~~~hile working az~ tt~e
`USS Constellatron, the USS Compass Island, along tivitti other ships at the
`NAvy Yard. Plaintiff vas exposed to asbestos dust frown working with the
`folta«~ing asbestos-containing materials, prodacts and equipment inclndit~g,
`but not limited to: engines; generators; moanting platfor►ns; wire. and cable;
`panels (Cutler Hammer, Sq~iare D, General ~lect~ic, Westinghouse); starters
`(Cutler Hamner); arc-ci~utes (Cutler Hammer); s~vi#chhoards (Cutler
`Hammer, Square D, GE, Westinghouse; s~vitcl~es; circuit breakers {Genex•al
`Electric, Sgaare D, Westinghouse); lighting fixtures; sockets, and rela3~s
`(Cutler Hamner). Plaintiff Evas exposed to asbestos deist from ~vorlcing around
`others on tl~e foregoing ships at the Navy Yard, including bnt not limited to
`insi~latoi•s and boilerm~n along with other shi~tnates, «ho wefe working with
`following asbestos-co~~taining materials, products and egpiprnent
`the
`including, but not limited to: pipe insulation; cloth; cement, gaskets and
`packing (Crane); boilers (Babcock &Wilcox); t~rY•bines; pumps wild valves.
`Plaintiff cannot presently identify all of the n~auuf~cturers of such prodacts,
`materials, and equipment lie worked ~~itl~, and around, but states that he
`to all s~rch asbestos-containing products
`would I~ave been exposed
`manufactured and used during the period he `vorked at the site. Plaintiff `vill
`feirthe~• rely upon other evidence dernonstratiug the presence of various
`manufacturers' products at various sites.
`(2) Behveen 1966-1998, Plaintiff was exposed to asbestos while working as an
`electrician ou# of the Lac~l No. 3 of the International Brotherhood of Electrical
`Workers for the fo~lo~ving employers:
`From approximately IYIay 19b6 to .7uly 1966, Plaintiff worked for Denino
`Electrical Construction as an electrician. He performed work at the Old
`London Foods bui}ding in Bronx, NY.
`Tor ap~~roximately two v~eeks in Jaly 1966, Plaintiff worked for ~isenson
`Electrical Services as an electrician.
`I'ronz app~•oximaYely July 1966 to Augast 1966, Plaintiff ~varked for S3~orr
`electric as ~n electrician.
`F~•om approximately August 1966 to March 1969, Plaintiff worized as an
`electriciaY~ for Hoss &McCann.
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`
`INDEX NO. 190464/2018
`
`RECEIVED NYSCEF: 02/02/2022
`
`I'ro:n ~~proximately 1Vlarch 19b9 to September 1975, Plaintiff' worked for
`Progressive Electric Company as an electrician. Plaintiff performed 'work at
`the Pa~aAm building clnring this tin~►e period.
`From approxinraately September 1975 to November 1975, Plaintiff worked far
`Jolin Doris, Inc. as an electrician.
`From approximately November 1975 to J~fne 1997, Plaia►tiff titiortted for
`Cornelias Fi#zgeralcl as a~a electriciayi. Plaintiff worked at 475 Park Avenge,
`Ne~v York, NY 1.0022; 3 Park Avenue, New York, NY 10016; 30 Liberty St~•eet,
`New York, NY 10406; 9D William Street, Ne~v Yoi-k, NY 10038; 90 Washington
`Street, New York, NY 1400b; 30 Rockefeller Plaza, Ne~v York, NY 10111; 55
`Water Street, New Yo~•k, NY 10004; The Criinin~l Coart Building on Queens
`Boulevard iu Queens, NY; and The Federal Courthouse on Centre Street in
`New York, NY.
`As an electrician, Plaintiff installed wire and cable, ~•emoved wire and cable,
`~ferformed electrical hook-ups, and installed, maintained az~c~ Y•enioved all
`kinds of electrical equipnnent. From 1965 to 1998, Plaintiff vas exposed to
`asbestos from asbestos containing products, equipment and ~nateriats.
`Plai~itiff personatly ~vor~ed ~cvitl~ the follorvrng asbestos containing products,
`egt~ipanent end inaterrals: electrical boxes; transformers; light fixtures; wire
`and cable (Anaconda, Ce~~ro, Phelps Dodge); paj~els (Cutler Ha~i~nxer, Square
`D, GE, Westinghouse}; circuit breakers {Square D, GE, ~h'estinghous~);
`s~rvitchboards (Cutler Hattimer, Gem Square P, WestinghousQ); s~~vitches
`(Cutler Hammer, Squa~~e D); starters (Cutler ~Ian~yner); arc-crates (Ct~tle~•
`Hammier}; end relays (Square D).
`In addition, Plxii~tiff vas also exposed from 1968 throagh the 1990s fro~~i
`working around other tradesmen as they handfed asbestos containing
`products, ec~t~ipment and materials including, bait not limited to, ceiling tiles;
`drywall and joint compounds (US Gyps~~m).
`During this time, Plaintiff tugs exposed to asbestos iiz the foregoing ways ~t the
`following job sites: The Old London Foods Building, Ttie PanAm Building,
`475 Park Ave~3ue, Ne~v York, NY 10022; 55 Water Street, Ne~v York, NY
`1004; Tlie Federal CoY~rthouse on Centre Street; 30 Rockefeller Plaza, Ne~v
`York, NY 10111; 130 Liberty Street, Ne~v Yo~•k, NY 10006; 90 Washington
`S#reet, New Ynrli, NY 10006; 90 Vtrilliam Street, Ne~v Yorl~, NY 10005; 3 Park
`Aven«e, Ne~►v York, NY 10016; The Criminal Court Building on Queexis
`Baulevard; a buitdia~g on 222"~ Street in Jamaica Queens; and a building at or
`near 39'x' Street and ls' Avenue in 1Vlar~li~ttan; and vaz-ioYts other building in
`Manhattan and Q~zeens.
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`
`INDEX NO. 190464/2018
`
`RECEIVED NYSCEF: 02/02/2022
`
`17.
`
`Please state the following with respecfi to each Asbestos-Containing Product identified on
`Chart A:
`(a) the color, dimensions, shape, form, texture, weight, appearance and flexibility of
`each product;
`(b) the appearance ofthe package or container indicating the manner of packaging, size,
`dimensions, color and weight; and
`(c) the name, logo, label, numerical and alphabetical markings and other markings or
`words including warnings on the product and package or container.
`
`ANSWER TO INTERROGATO~tY NO. I7:
`See Plaintiff s RespansQ Co Iute~•rogatory No. 16, above, and No. l.9 below..
`
`l 8. If you have retired from your employment, set forth the following:
`(a) whether said retirement was voluntary or involuntary;
`(b) the effective date of said retirement;
`(c) the name of your employer at the tinne of retirement;
`(d) the reason for your retirement;
`(e) whether youx• retirement was •elated to any claimed asbestos-related injury; and
`{ fl the amount of pension and/or retirennent benefits you are receiving or entitled to
`receive.
`
`ANS'~'VER TO INTERROGATORY NO. 18:
`Plainti#'t' retired in approxima#eiy 1998.
`(a) `Voluntary.
`(b) Ap~roxii~~ately June 2,1998.
`Arc electrical.
`(c)
`(d) Plaia~tiff injared his backwhile ~vo~•king at a jobsite located at 55 Water Street.
`No.
`(e)
`Plaintiff receives approxiiYiatety $2,x00.00 in pension, and approxi~natcly
`(fj
`X1,600 in a disability payment.
`
`19. State whether you were exposed (either directly, through a co-worker or otherwise), to any
`Bankrupt Entity's Asbestos-Containing Materials, or products either mined ax
`manufactured, sold, or distributed by a Bankrupt Entity. If so, state the following:
`(a) As to each and every employer (inc3udin~ anilitary service) you have had from the
`time you were first employed to the present, sel forth the Following, concerni~-~g
`Bankrupt Entities' products only:
`i. Name of employer;
`Dates of employment;
`ii.
`Asbestos-related jobsite and address where Bankrupt Entity's products were
`iii.
`being used;
`Dates you were at the jobsite;
`iv.
`v. Job duties at the particular jobsiYe;
`Bankrupt Entity's asbestos-containing materials or products to which you were
`vi.
`exposed;
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`
`INDEX NO. 190464/2018
`
`RECEIVED NYSCEF: 02/02/2022
`
`Other companies using Bankrupt Entity's asbestos-co~~►taining anaterials or
`vii.
`products at the jobsite; and
`viii. Whether you received any warnings with respect to the use of said pxoduct and
`the nature of those warnings.
`If you were exposed to, used, ingested or inhaled any Bankrupt Entity's Asbestos-
`Containing Pj•oducYs at any time other than in the scope of your employment, state
`for each such exposure:
`the date, location and circumstances; and
`i.
`the type of product and the name of the manufacturer, distributor, and trainer.
`ii.
`
`{b)
`
`20.
`
`21.
`
`(1)
`
`~,NS~VER TO INTERROGATORY NO. 19:
`Plaintiff Iiea•eby objects to this interrogatory as overly broad, unduly burdensome,
`vague end ambiguous. Subject to and fviti~out waving tl~e foregoing objections, see
`Plaintiffs response to Interrogatory No. 16, above, and No. 2Q, below, tistrng
`Pl~intifx''s exposures to asbestos.
`Ifyou were exposed to, used, ingested or inhaled asbestos orAsbestos-Containing Products
`at any tinne other than in the scope of your employment, state for each such exposure:
`the date, location and circumstances; and
`(a)
`the type o£ product and the name of the manufacturer, distributor, and miner.
`(b)
`ANSWER TO INTERROGATORY NO: 20:
`Plaintiff was exposed to asbestos-containing talcum powder from his use of
`Johnson & Johnso~~'s Baby Po~t~vdea• from appra~imately tl~e 194Qs through tt~e
`late 1990s.
`Plaintiff vas exposed to ~~ariot~s asbestos-containing products, materials and
`equipment as a result of Dome reaiovations he performed at 1482 Holiday Park
`Drive, Wantagh, NY 11793, from 1973 through the early 2000s; including, but
`not limited to, his rv4rk fvith ~svire and cable; switches (Cutler Hammer, Square
`D); panels (Cutler ~-Iammer, Square A); starte~•s (Cutler H~tzimer); circuit
`breakers (Square D, GE, Westi~~glaoase); relays (Square D); caatk (DAP}; and
`joint compounds (US Gypsum).
`Have you ever been a member of any labor union? If so, state:
`the name and address of each local, national and international labor union;
`(a}
`the inclusive dates of your membership; and
`(b)
`any positions you have held with each such labor union, and the dates during which
`(c)
`you held such positions.
`
`(2)
`
`ANS't7VER TO YNT~RROGATORY NO.21:
`Plaintiff ~cvas a member of the International Brotl~e~•hood of Electrical 't7Vorkers, Local
`Union No. 3, frorr~ approximately 1966-1998.
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`
`INDEX NO. 190464/2018
`
`RECEIVED NYSCEF: 02/02/2022
`
`{a)
`
`International Brotl3erhood of Electrical Workers, Local Union Nn. 3, 158-11
`Harry Van Arsdale Jr., Ave., Flushing, NY 113365;
`(b) Approximately 1966 to 1.998;
`Journeyman; Foreman.
`(c)
`
`22.
`
`State whether you have eves• seen ar received any iX~formation, instruction, direction,
`warning, or directive, from any source whatsoever, concerning alleged dangers of exposure
`to asbestos or Asbestos-Containing Products, and if so, identify:
`each such warning, directive, notification, direction, instruction, or information;
`{a)
`the means by which such was given to you;
`(b)
`the source and the date on which it was received by you; and
`(c}
`your response or reaction, including any complaints made or changes in work
`(d)
`habits.
`
`ANS'UVER TO INTERROGATORY NO.22:
`Plaintiff vas trot made aware of the dangers of asbestos. Plaintiff was not provided
`any protective gear.
`
`23.
`
`State whether you had available for use during any period of your employment, respirators
`or masks or other dust inhalation inhibitor, or protective gear and, if so, state the following:
`the period of time during which said items were available;
`(a)
`what instructions were given with regard to the use of each of said items;
`(b)
`whether you used said items and the dates. of your use;
`(c}
`whether you ever requested said items, and, if so, when, where and to whom the
`(d)
`request was made, and the response to the request.
`
`ANSWER TO INT'ERR~GATORY NO.23:
`See Response to Interrogatory No. 22
`
`24.
`
`(c)
`
`if you a~•e making a clainn for loss of earnings or impairment of earning powea• because of
`your medical conditions, state the following:
`date of commencement of any loss or impairment;
`{a)
`the name and address of your employer, your job title and your monthly or weekly
`(b)
`rate of pay at the time of the alleged commencement of any loss or impairment;
`if you had more than one ennployer during the three year period prior to the date of
`the com~nencetnent of any loss or iaxapairment, as indicated on Chart A, provide
`your nnonthly o~• weekly rate of pay and inclusive dates of such employment during
`the three year period;
`your• total' earnings fox the period of three years prior to the commencement of any
`loss or impairment;
`the inclusive dates during which you allege that you were unable to wo1•k as a result
`of any loss or innpair~nent and the total annount of pay you claim you lost because
`of this absence;
`(fl the date an which any loss or innpairment ended; and
`your monthly or weekly rate of pay which you have received, from the date of any
`(g}
`loss oz• impairme~it ended through the present time.
`
`(d)
`
`(e)
`
`

`

`FILED: NEW YORK COUNTY CLERK 02/02/2022 03:48 PM
`NYSCEF DOC. NO. 280
`
`INDEX NO. 190464/2018
`
`RECEIVED NYSCEF: 02/02/2022
`
`ANSWER TO INTEk