FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
`
`
`v.
`
`84 LUMBER COMPANY, et al.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No. :
`
`Date Filed:
`
`Plaintiff designates
`ERIE
`County as the place of trial
`
`The basis of the venue is
`DEFENDANTS’ PLACE OF
`BUSINESS
`
`SUMMONS
`
`See Attached Rider - FULL CAPTION
`
`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 Plaintiff’s Attorney 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). In the case of your failure to
`
`appear or answer, judgment will be taken against you by default for the relief demanded in the
`
`complaint.
`
`Dated: New York, New York
`
`November 14, 2023
`
`
`
`
`Yours etc.,
`
`BELLUCK & FOX, LLP
`Attorneys for Plaintiff
`546 Fifth Avenue, 5th Floor
`New York, New York 10036
`(212) 681-1575
`
`By:/s/ Joseph W. Belluck, Esq.
`
`Joseph W. Belluck, Esq.
`
`1 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
`
`
`
`
`
`
`
`
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
`
`
`- against -
`
`84 LUMBER COMPANY;
`A.O. SMITH WATER PRODUCTS;
`ABB, INC., formerly known as Brown Boveri;
`AIR & LIQUID SYSTEMS CORPORATION, as
`
`Successor by Merger to Buffalo Pumps, Inc.;
`ALLEN-BRADLEY COMPANY, INC.,
`
`Individually and as Successor to Rostone;
`AMTROL, INC., Individually and as Successor to
`
`Thrush Products, Inc.;
`ARMSTRONG INTERNATIONAL, INC.;
`ARMSTRONG PUMPS, INC.;
`ATWOOD & MORRILL CO., INC. d/b/a Weir Valves
`
`& Controls USA Inc.;
`BLACKMER PUMP;
`BW/IP INTERNATIONAL CO., formerly known as
`
`Borg Warner Industrial Products Inc., a former
`
`subsidiary of and successor to Borg Warner
`
`Corp. and Byron Jackson Pumps;
`CARRIER CORPORATION;
`CLARK RELIANCE CORPORATION, Individually
`
`and as Successor to Jerguson;
`CLEAVER BROOKS COMPANY f/k/a Aqua Chem,
`
`Inc.;
`CLEAVER BROOKS COMPANY f/k/a Aqua
`
`Chem, Inc. and Davis Engineering;
`COOPER BUSSMANN, a Division of Cooper
`
`Industries;
`COOPER INDUSTRIES, INC.;
`CROWN BOILER CO.;
`DAP, INC. k/n/a La Mirada Products Co., Inc.;
`DEAN PUMP DIVISION;
`DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett,
`
`Inc., Individually and as successor to Azrock
`
`Industries, Inc.;
`EATON CORPORATION, Individually and now
`
`Known as Eaton Electrical, Inc and as
`
`Successor to The Vickers Pump Company and
`
`Plaintiffs,
`
`Index No. :
`
`FULL CAPTION RIDER
`
`
`
`
`
`
`
`
`
`
`
`
`- 2 -
`
`2 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`Cutler-Hammer, Inc and Waterbury Pump;
`
`ELECTROLUX HOME PRODUCTS, INC.,
`
`Individually and as Successor to Tappan and
`
`Copes Vulcan, Blaw-Knox Company, and
`
`White Consolidated Industries;
`FLOWSERVE US, INC., solely as Successor to
`
`Rockwell Manufacturing Company, Edward
`
`Valves, Inc., Nordstrom Valves, Inc. and
`
`Edward Vogt Valve Company;
`FMC CORPORATION, Individually and as Successor
`
`to Northern Pump Company, Coffin and
`
`Peerless Pump Company and Labour Pump
`
`Company;
`FOSTER WHEELER, LLC;
`GARDNER-DENVER INC., Individually and as
`
`Successor to Nash Engineering Company;
`GARDNER-DENVER NASH LLC, Individually and
`
`as Successor to Nash Engineering Company;
`GENERAL ELECTRIC COMPANY;
`GOULDS PUMPS, INC.;
`GREENE, TWEED & CO., LLP, Individually and as
`
`Successor to Palmetto Packings;
`GRINNELL CORPORATION;
`HANSEN PERMANENTE CEMENT INC.;
`HONEYWELL INTERNATIONAL, INC.,
`
`Individually and f/k/a AlliedSignal, Inc., and as
`
`Successor-in-Interest to The Bendix Corp.;
`HOWDEN BUFFALO, INC., Individually and as
`
`Successor In Interest to FB Sturtevant, The
`
`Howden Buffalo Group and Buffalo Fan;
`I.T.T. INDUSTRIES, INC., Individually and as
`
`successor to Bell & Gossett;
`INTERNATIONAL PAPER COMPANY f/k/a
`
`Hammermill Paper Co. and Individually and
`
`as Successor to US Plywood;
`KAISER GYPSUM COMPANY, INC.;
`LENNOX INDUSTRIES, INC., Individually and as
`
`Successor to Lennox Furnace Company and
`
`Ducane;
`MANNINGTON MILLS INC.;
`METROPOLITAN LIFE INSURANCE COMPANY;
`NEW YORKER BOILER COMPANY, INC.;
`NORTHERN PUMP COMPANY;
`PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a
`
`CBS Corporation, a Delaware corporation,
`
`f/k/a/ Viacom Inc., successor by merger to CBS
`
`- 3 -
`
`3 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`
`
`
`Corporation, a Pennsylvania corporation, f/k/a
`
`Westinghouse Electric Corporation;
`
`R.T. VANDERBILT COMPANY, INC.,
`
`Individually and as Successor to
`
`International Talc Co., International Pulp Co.
`
`and Governeur Talc Co., Inc.;
`REDCO CORP., f/k/a Crane Co.;
`SCHNEIDER ELECTRIC USA, INC. formerly
`known as Square D Company;
`
`SPIRAX SARCO, INC.;
`THRUSH CO., INC.;
`UNION CARBIDE CORPORATION;
`VELAN VALVE CORP.;
`WARREN PUMPS, LLC, Individually and as
`
`Successor to The Quimby Pump Company;
`WEIL McLAIN, a division of Marley Wylain
`
`Company;
`WEYERHAEUSER COMPANY;
`YORK INTERNATIONAL CORPORATION,
`
`Individually and as Successor to Frick
`
`Company.
`
`
`
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`- 4 -
`
`4 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`Defendants’ addresses:
`
`DEFENDANT ADDRESS LIST
`
`
`DEFENDANTS
`
`84 LUMBER COMPANY
`c/o Pierce Hardy Real Estate Inc / Hardy Holdings Inc.
`1019 Rte. 519, Building #5
`Eighty Four, Pennsylvania 15330
`
`A.O. SMITH WATER PRODUCTS
`A.O. Smith Corporation
`Attn: Debra Schwanda
`11270 W. Park Place
`Milwaukee, WI 53224-9502
`
`ABB, INC., formerly known as Brown Boveri
`c/o ABB US Head Office
`305 Gregson Drive
`Cary, NC, 27511
`
`AIR & LIQUID SYSTEMS CORPORATION, as Successor
`by Merger to Buffalo Pumps, Inc.
`726 Bell Avenue, Suite 302
`Carnegie, Pennsylvania, 15106
`
`ALLEN-BRADLEY COMPANY, INC., Individually and as
`Successor to Rostone
`1201 South Second Street
`Milwaukee, Wisconsin 53204-2496
`
`AMTROL, INC., Individually and as Successor to Thrush
`Products, Inc.
`Amtrol
`1400 Division Road
`West Warwick, Rhode Island 02893
`
`ARMSTRONG INTERNATIONAL, INC.
`900 Maple Street
`Three Rivers, Michigan 49093
`
`ARMSTRONG PUMPS INC.
`93 East Avenue
`North Tonawanda, New York 14120-6594
`
`
`
`SERVICE
`
`DIRECT
`
`
`
`DIRECT
`
`
`
`c/o Corporation Trust Company
`1209 North Orange Street
`Wilmington, Delaware 19801
`
`DIRECT
`
` DIRECT
`
`
`Registered Agent
`CT Corporation System
`450 Veterans Memorial Parkway, Suite 7A
`East Providence, RI 02914
`
`DIRECT
`
`
`c/o Secretary of State
`Albany, New York 12207
`
`- 5 -
`
`5 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`ATWOOD & MORRILL CO., INC. d/b/a Weir Valves &
`Controls USA Inc.
`c/o Weir Valves & Controls Usa Inc.
`29 Old Right Road
`Ipswich, Massachusetts 01938
`
`BLACKMER PUMP
`1809 Century Avenue SW
`Grand Rapids, Michigan 49503-1530
`
`BW/IP INTERNATIONAL CO., formerly known as Borg
`Warner Industrial Products Inc., a former subsidiary of and
`successor to Borg Warner Corp. and Byron Jackson Pumps
`BW/IP International Inc.
`Flowserve World Headquarters
`5215 N. O'Connor Blvd., Suite 2300
`Irving, Texas 75039
`
`CARRIER CORPORATION
`13995 Pasteur Blvd
`Palm Beach Gardens, FL 33418
`
`CLARK RELIANCE CORPORATION, Individually and as
`Successor to Jerguson
`16633 Foltz Parkway
`Strongsville, Ohio 44149
`
`CLEAVER-BROOKS COMPANY f/k/a Aqua-Chem, Inc.
`11270 W. Park Place, Floor 4
`Milwaukee, WI 53224
`
`CLEAVER-BROOKS COMPANY f/k/a Aqua Chem, Inc.
`and Davis Engineering
`11270 W. Park Place, Floor 4
`Milwaukee, WI 53224
`
`COOPER BUSSMANN, a Division of Cooper Industries
`114 Old State Road
`Ellisville, Missouri 63021-5942
`
`COOPER INDUSTRIES, INC.
`600 Travis, Suite 5800
`Houston, Texas 77002-1001
`
`CROWN BOILER CO.
`3633 I Street
`Philadelphia, Pennsylvania 19134
`
`
`CT Corporation System
`55 Federal St, Ste 700
`Boston, MA 02110
`
`DIRECT
`
`
`DIRECT
`
`
`
`c/o United Agent Group Inc.
`600 Mamaroneck Avenue, #400
`Harrison, NY 10528
`
`DIRECT
`
`DIRECT
`
`
`DIRECT
`
`
`DIRECT
`Registered Agent
`C T Corporation System
`120 South Central Avenue
`Clayton, Missouri 63105
`
`CT Corporation System
`350 North St. Paul Street, Suite 2900
`Dallas, Texas 75201
`
`DIRECT
`
`- 6 -
`
`6 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`DAP, INC. k/n/a La Mirada Products Co., Inc.
`2400 Boston Street, Suite 200
`Baltimore, Maryland 21224
`
`DEAN PUMP DIVISION
`6040 Guion Road
`Indianapolis, Indiana 46254
`
`DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.,
`Individually and as successor to Azrock Industries, Inc.
`CT Corporation System
`1999 Bryan Street, Suite 900
`Dallas, Texas 75201
`
`EATON CORPORATION, Individually and now known as
`Eaton Electrical, Inc. and As Successor to The Vickers Pump
`Company and Cutler-Hammer, Inc. and Waterbury Pump
`Eaton Center
`1111 Superior Avenue
`Cleveland, Ohio 44114-2584
`
`ELECTROLUX HOME PRODUCTS, INC., Individually
`and as Successor to Tappan and Copes-Vulcan and Blaw-
`Knox Company and White Consolidated Industries
`10200 David Taylor Drive
`Charlotte NC 28262
`
`FLOWSERVE US, INC., solely as Successor to Rockwell
`Manufacturing Company, Edward Valves, Inc., Nordstrom
`Valves, Inc. and Edward Vogt Valve Company
`Flowserve Corporation
`General Counsel
`5215 North O’Connor Blvd, Ste 2300
`Irving, Texas 75039
`
`FMC CORPORATION, Individually and as Successor to
`Northern Pump Company, Coffin and Peerless Pump
`Company
`FMC Tower at Cira Centre South
`2929 Walnut Street
`Philadelphia, Pennsylvania 19104
`
`FOSTER WHEELER, LLC
`Perryville, Corporate Park
`Route 173 at Frontage Road
`Clinton, New Jersey 08809
`
`
`DIRECT
`
`
`
`DIRECT
`
`
`DIRECT
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`
`Registered Agent:
`United Agent Group, Inc.
`3411 Silverside Road #104
`Tatnall Buildings
`Wilmington, DE 19810
`
`
`- 7 -
`
`7 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`GARDNER-DENVER, INC., Individually and as Successor
`to Nash Engineering Company
`1800 Gardner Expressway
`Quincy, Illinois 62301
`
`GARDNER-DENVER NASH, LLC, Individually and as
`Successor to Nash Engineering Company
`2 Trefoil Drive
`Trumbull, CT 06611
`
`GENERAL ELECTRIC COMPANY
`3135 Easton Turnpike
`Fairfield, Connecticut 06432
`
`
`
`GOULDS PUMPS, INC.
`ITT-Goulds Pumps Headquarters
`240 Fall Street
`Seneca Falls, NY 13148
`
`GREENE, TWEED & CO., INC., Individually and as
`Successor to Palmetto Packings
`Greene, Tweed NC, LLC
`201 S. Tryon Street, Suite 950
`Charlotte, NC 28202
`
`GRINNELL CORPORATION
`3 Tyco Park
`Exeter, New Hampshire 03833
`
`
`HANSEN PERMANENTE CEMENT, INC.
`c/o Three Rivers Management, Inc.
`Manor Oak One, Suite 200
`600 River Avenue, Suite 200
`Pittsburgh, PA 15212
`Attn: Charles E. McChesney II, Esq.
`
`HONEYWELL INTERNATIONAL, INC., Individually and
`f/k/a Alliedsignal, Inc., and as Successor-in-interest to the
`Bendix Corp.
`115 Tabor Road
`Morris Plains, New Jersey 07950
`
`HOWDEN BUFFALO, INC., Individually and as Successor-
`In-Interest to FB Sturtevant, The Howden Buffalo Group
`and Buffalo Fan
`
`
`
`Registered Agent:
`c/o CT Corporation System
`208 South LaSalle Street
`Chicago, Illinois 60604
`
`Registered Agent:
`c/o CT Corporation System
`67 Burnside Avenue
`East Hartford, CT 06108
`
`DIRECT
`Julie Klusza, Esq.
`Electric Insurance Company
`75 Sam Fonzo Drive
`Beverly, Massachusetts 01915-1000
`
`DIRECT
`
`
`DIRECT – CERTIFIED MAIL RRR
`
`
`
`DIRECT – CERTIFIED MAIL RRR
`Brady Edwards, Esq.
`Morgan, Lewis & Bockius LLP
`1000 Louisiana St., Suite 4200
`Houston, Texas 77002-5006
`
`DIRECT
`
`
`
`c/o Corporation Service Company
`80 State Street
`Albany, New York 12207-2543
`
`Registered Agent:
`C T Corporation System
`2 Office Park Court, Suite 103
`Columbia, South Carolina 29223
`
`- 8 -
`
`8 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`I.T.T. INDUSTRIES, INC., Individually and as successor to
`Bell & Gossett
`
`
`
`INTERNATIONAL PAPER COMPANY f/k/a Hammermill
`Paper Co. and Individually and as Successor to US Plywood
`6400 Poplar Avenue
`Memphis, Tennessee 38197
`C T Corporation Systems
`One Corporate Center, 14th Floor
`Hartford, Connecticut
`
`KAISER GYPSUM COMPANY, INC.
`c/o Three Rivers Management, Inc.
`Manor Oak One, Suite 200
`600 River Avenue, Suite 200
`Pittsburgh, PA 15212
`Attn: Charles E. McChesney II, Esq.
`
`LENNOX INDUSTRIES, INC., Individually and as
`Successor to Lennox Furnace Company and Ducane
`2100 Lake Park Boulevard
`Richardson, Texas 75080
`
`MANNINGTON MILLS, INC.
`75 Mannington Mills Road
`Salem, New Jersey 08079-2009
`
`METROPOLITAN LIFE INSURANCE COMPANY
`200 Park Avenue
`New York, New York 10166
`
`NEW YORKER BOILER COMPANY, INC.
`
`
`
`NORTHERN PUMP COMPANY
`FMC Tower at Cira Centre South
`2929 Walnut Street
`Philadelphia, Pennsylvania 19104
`
`PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a CBS
`Corporation, a Delaware corporation, f/k/a/ Viacom Inc.,
`successor by merger to CBS Corporation, a Pennsylvania
`corporation, f/k/a Westinghouse Electric Corporation
`
`
`
`c/o IntelCo Management, Inc.
`Tara Solanki, Paralegal
`187 Danbury Road, Suite 2D
`Wilton, CT 06897
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`DIRECT
`
`
`
`Corporation Service Company
`80 State Street
`Albany, New York 12207-2543
`
`DIRECT
`
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`Corporation Service Company
`2595 Interstate Drive, Suite 103
`Harrisburg, Pennsylvania 17110
`
`DIRECT
`
`
`c/o Corporation Service Company
`80 State Street
`Albany, New York 12207
`
`- 9 -
`
`9 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`R.T. VANDERBILT COMPANY, INC., Individually and as
`Successor to International Talc Co., International Pulp Co.
`and Governeur Talc Co., Inc.
`30 Winfield Street
`Norwalk, Connecticut 06855
`
`REDCO CORP. f/k/a Crane Co.
`Redco Corporation
`1000 N. West Street, Suite 1200
`Wilmington, Delaware 19801
`
`SCHNEIDER ELECTRIC USA, INC. formerly known as
`Square D Company
`800 Federal Street
`Andover, Massachusetts 01810-1067
`
`SPIRAX SARCO, INC.
`1150 Northpoint Boulevard
`Blythewood, South Carolina 29016
`
`THRUSH CO., INC.
`340 West 8th Street
`Peru, Indiana 46970
`
`UNION CARBIDE CORPORATION
`
`
`
`VELAN VALVE CORP.
`94 Avenue C
`Williston, Vermont 05495-9732
`
`WARREN PUMPS LLC, Individually and as Successor to
`The Quimby Pump Company
`82 Bridges Avenue
`Warren, Massachusetts 01083-0969
`
`WEIL McLAIN, A Division of Marley-Wylain Company
`6325 Ardrey Kell Road, Suite 400
`Charlotte, N.C. 28277
`
`WEYERHAEUSER COMPANY
`
`
`
`YORK INTERNATIONAL CORPORATION, Individually
`and as Successor to Frick Company
`5757 N. Green Bay Avenue
`PO Box 591
`Milwaukee, Wisconsin 53201
`
`c/o Secretary of State
`Albany, New York 12207
`
`
`Registered Agent
`The Corporation Trust Company
`1209 Orange Street
`Corporation Trust Center
`Wilmington, Delaware 19801
`
`c/o Corporation Service Company
`80 State Street
`Albany, New York 12207-2543
`
`c/o CT Corporation System
`2 Office Park Court, Suite 103
`Columbia, South Carolina 29223
`
`DIRECT
`
`
`c/o Corporate Trust Systems
`28 Liberty Street
`New York, New York
`
`c/o Corporation Service Company
`80 State Street
`Albany, New York 12207-2543
`
`c/o The Corporation Trust Company
`1209 North Orange Street
`Wilmington, Delaware 19801
`
`
`c/o Corporation Trust Company
`1209 North Orange Street
`Wilmington, Delaware 19801
`
`c/o Corporation Service Company
`80 State Street
`Albany, New York, 12207-2543
`
`c/o CT Corporation System
`301 S. Bedford St. Suite 1
`Madison, WI 53703
`
`- 10 -
`
`10 of 56
`
`

`

`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
`
`
`
`
`
`
`
`
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
`
`
`- against -
`
`84 LUMBER COMPANY;
`A.O. SMITH WATER PRODUCTS;
`ABB, INC., formerly known as Brown Boveri;
`AIR & LIQUID SYSTEMS CORPORATION, as
`
`Successor by Merger to Buffalo Pumps, Inc.;
`ALLEN-BRADLEY COMPANY, INC.,
`
`Individually and as Successor to Rostone;
`AMTROL, INC., Individually and as Successor to
`
`Thrush Products, Inc.;
`ARMSTRONG INTERNATIONAL, INC.;
`ARMSTRONG PUMPS, INC.;
`ATWOOD & MORRILL CO., INC. d/b/a Weir Valves
`
`& Controls USA Inc.;
`BLACKMER PUMP;
`BW/IP INTERNATIONAL CO., formerly known as
`
`Borg Warner Industrial Products Inc., a former
`
`subsidiary of and successor to Borg Warner
`
`Corp. and Byron Jackson Pumps;
`CARRIER CORPORATION;
`CLARK RELIANCE CORPORATION, Individually
`
`and as Successor to Jerguson;
`CLEAVER BROOKS COMPANY f/k/a Aqua Chem,
`
`Inc.;
`CLEAVER BROOKS COMPANY f/k/a Aqua
`
`Chem, Inc. and Davis Engineering;
`COOPER BUSSMANN, a Division of Cooper
`
`Industries;
`COOPER INDUSTRIES, INC.;
`CROWN BOILER CO.;
`DAP, INC. k/n/a La Mirada Products Co., Inc.;
`DEAN PUMP DIVISION;
`DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett,
`
`Inc., Individually and as successor to Azrock
`
`Industries, Inc.;
`EATON CORPORATION, Individually and now
`
`Known as Eaton Electrical, Inc and as
`
`Successor to The Vickers Pump Company and
`
`Plaintiffs,
`
`Index No. :
`
`VERIFIED COMPLAINT
`
`
`
`
`
`
`
`
`
`
`
`
`- 11 -
`
`11 of 56
`
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`Cutler-Hammer, Inc and Waterbury Pump;
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`ELECTROLUX HOME PRODUCTS, INC.,
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`Individually and as Successor to Tappan and
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`Copes Vulcan, Blaw-Knox Company, and
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`White Consolidated Industries;
`FLOWSERVE US, INC., solely as Successor to
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`Rockwell Manufacturing Company, Edward
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`Valves, Inc., Nordstrom Valves, Inc. and
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`Edward Vogt Valve Company;
`FMC CORPORATION, Individually and as Successor
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`to Northern Pump Company, Coffin and
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`Peerless Pump Company and Labour Pump
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`Company;
`FOSTER WHEELER, LLC;
`GARDNER-DENVER INC., Individually and as
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`Successor to Nash Engineering Company;
`GARDNER-DENVER NASH LLC, Individually and
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`as Successor to Nash Engineering Company;
`GENERAL ELECTRIC COMPANY;
`GOULDS PUMPS, INC.;
`GREENE, TWEED & CO., LLP, Individually and as
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`Successor to Palmetto Packings;
`GRINNELL CORPORATION;
`HANSEN PERMANENTE CEMENT INC.;
`HONEYWELL INTERNATIONAL, INC.,
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`Individually and f/k/a AlliedSignal, Inc., and as
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`Successor-in-Interest to The Bendix Corp.;
`HOWDEN BUFFALO, INC., Individually and as
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`Successor In Interest to FB Sturtevant, The
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`Howden Buffalo Group and Buffalo Fan;
`I.T.T. INDUSTRIES, INC., Individually and as
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`successor to Bell & Gossett;
`INTERNATIONAL PAPER COMPANY f/k/a
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`Hammermill Paper Co. and Individually and
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`as Successor to US Plywood;
`KAISER GYPSUM COMPANY, INC.;
`LENNOX INDUSTRIES, INC., Individually and as
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`Successor to Lennox Furnace Company and
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`Ducane;
`MANNINGTON MILLS INC.;
`METROPOLITAN LIFE INSURANCE COMPANY;
`NEW YORKER BOILER COMPANY, INC.;
`NORTHERN PUMP COMPANY;
`PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a
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`CBS Corporation, a Delaware corporation,
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`f/k/a/ Viacom Inc., successor by merger to CBS
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`Corporation, a Pennsylvania corporation, f/k/a
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`Westinghouse Electric Corporation;
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`R.T. VANDERBILT COMPANY, INC.,
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`Individually and as Successor to
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`International Talc Co., International Pulp Co.
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`and Governeur Talc Co., Inc.;
`REDCO CORP., f/k/a Crane Co.;
`SCHNEIDER ELECTRIC USA, INC. formerly
`known as Square D Company;
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`SPIRAX SARCO, INC.;
`THRUSH CO., INC.;
`UNION CARBIDE CORPORATION;
`VELAN VALVE CORP.;
`WARREN PUMPS, LLC, Individually and as
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`Successor to The Quimby Pump Company;
`WEIL McLAIN, a division of Marley Wylain
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`Company;
`WEYERHAEUSER COMPANY;
`YORK INTERNATIONAL CORPORATION,
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`Individually and as Successor to Frick
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`Company.
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`Defendants.
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`
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`Plaintiffs by their attorneys, BELLUCK & FOX LLP, upon information and belief, at all
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`times hereinafter mentioned allege as follows:
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`THE PARTIES
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`1.
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`Plaintiffs are residents of the State of Texas unless otherwise specified in
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`individual complaints.
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`2.
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`Plaintiffs allege that plaintiff, TROY SHANE SMITH has been diagnosed with
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`Mesothelioma as a result of his exposure to asbestos.
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`3.
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`At this time, Plaintiffs are alleging that there is no Post-1980 exposure, but should
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`evidence be produced to the contrary, the evidence controls over this preliminary allegation, and
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`this allegation is presumptively modified to conform to the evidence.
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`4.
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`The term “Defendants” shall apply to all corporate and business entities, and/or
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`their predecessors and/or successors in interest as more fully described and enumerated in the
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`captions of individual complaints subsequently filed in the "short form" in accordance with the
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`applicable case management order of this Court.
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`5.
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`The Defendants have done business in this State, have conducted or transacted
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`business in this State, have committed one or more tortious acts within this state, or have
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`otherwise performed acts within and/or without this State giving rise to injuries and losses within
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`this State, which acts subject each Defendant to the jurisdiction of the Courts of this State.
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`6.
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`Defendant 84 LUMBER COMPANY was and is a duly organized foreign and/or
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`domestic corporation doing business and/or transacting business in the State of New York and/or
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`should have expected its acts to have consequences within the State of New York. At all times
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`relevant, it has engaged in the sale and distribution of materials and products containing the
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`substance asbestos.
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`7.
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`Defendant A.O. SMITH WATER PRODUCTS was and is a duly organized
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`foreign corporation doing business and/or transacting business in the State of New York and/or
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`should have expected its acts to have consequences within the State of New York. At all times
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`relevant, it has engaged in the sale and distribution of materials and products containing the
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`substance asbestos.
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`8.
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`Defendant ABB, INC., formerly known as Brown Boveri was and is a duly
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`organized foreign and/or domestic corporation doing business and/or transacting business in the
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`State of New York and/or should have expected its acts to have consequences within the State of
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`New York. At all times relevant, it has engaged in the sale and distribution of materials and
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`products containing the substance asbestos.
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`9.
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`Defendant AIR & LIQUID SYSTEMS CORPORATION, as Successor by
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`Merger to Buffalo Pumps, Inc. was and is a duly organized foreign corporation doing business
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`and/or transacting business in the State of New York and/or should have expected its acts to have
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`consequences within the State of New York. At all times relevant, it has engaged in the sale and
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`distribution of materials and products containing the substance asbestos.
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`10.
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`Defendant ALLEN-BRADLEY COMPANY, INC., Individually and as
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`Successor to Rostone was and is a duly organized foreign and/or domestic corporation doing
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`business and/or transacting business in the State of New York and/or should have expected its
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`acts to have consequences within the State of New York. At all times relevant, it has engaged in
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`the sale and distribution of materials and products containing the substance asbestos.
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`11.
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`Defendant AMTROL, INC., Individually and as Successor to Thrush
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`Products, Inc. was and is a duly organized domestic corporation doing business and/or
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`transacting business in the State of New York and/or should have expected its acts to have
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`consequences within the State of New York. At all times relevant, it has engaged in the sale and
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`distribution of materials and products containing the substance asbestos.
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`12.
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`Defendant ARMSTRONG INTERNATIONAL, INC. was and is a duly
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`organized domestic corporation doing business and/or transacting business in the State of New
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`York and/or should have expected its acts to have consequences within the State of New York.
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`At all times relevant, it has engaged in the sale and distribution of materials and products
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`containing the substance asbestos.
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`13.
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`Defendant ARMSTRONG PUMPS, INC. was and is a duly organized foreign
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`and/or domestic corporation doing business and/or transacting business in the State of New York
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`and/or should have expected its acts to have consequences within the State of New York. At all
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`times relevant, it has engaged in the sale and distribution of materials and products containing
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`the substance asbestos.
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`14.
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`Defendant ATWOOD & MORRILL CO., INC., d/b/a Weir Valves &
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`Controls USA Inc. was and is a duly organized foreign and/or domestic corporation doing
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`business and/or transacting business in the State of New York and/or should have expected its
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`acts to have consequences within the State of New York. At all times relevant, it has engaged in
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`the sale and distribution of materials and products containing the substance asbestos.
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`15.
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`Defendant BLACKMER PUMP was and is a duly organized foreign and/or
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`domestic corporation doing business and/or transacting business in the State of New York and/or
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`should have expected its acts to have consequences within the State of New York. At all times
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`relevant, it has engaged in the sale and distribution of materials and products containing the
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`substance asbestos.
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`16.
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`Defendant BW/IP INTERNATIONAL CO., formerly known as Borg Warner
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`Industrial Products Inc., a former subsidiary of and successor to Borg Warner Corp. and
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`Byron Jackson Pumps was and is a duly organized foreign and/or domestic corporation doing
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`business and/or transacting business in the State of New York and/or should have expected its
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`acts to have consequences within the State of New York. At all times relevant, it has engaged in
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`the sale and distribution of materials and products containing the substance asbestos.
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`17.
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`Defendant CARRIER CORPORATION was and is a duly organized foreign
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`corporation doing business and/or transacting business in the State of New York and/or should
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`have expected its acts to have consequences within the State of New York. At all times relevant,
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`it has engaged in the sale and distribution of materials and products containing the substance
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`asbestos.
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 11/14/2023
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`18.
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`Defendant CLARK RELIANCE CORPORATION, Individually and as
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`Successor to Jerguson was and is a duly organized foreign corporation doing business and/or
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`transacting business in the State of New York and/or should have expected its acts to have
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`consequences within the State of New York. At all times relevant, it has engaged in the sale and
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`distribution of materials and products containing the substance asbestos.
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`19.
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`Defendant CLEAVER BROOKS COMPANY f/k/a Aqua Chem, Inc. was and
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`is a duly organized foreign and/or domestic corporation doing business and/or transacting
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`business in the State of New York and/or should have expected its acts to have consequences
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`within the State of New York. At all times relevant, it has engaged in the sale and distribution of
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`materials and products containing the substance asbestos.
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`20.
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`Defendant CLEAVER BROOKS COMPANY f/k/a Aqua Chem, Inc. and
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`Davis Engineering was and is a duly organized foreign and/or domestic corporation doing
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`business and/or transacting business in the State of New York and/or should have expected its
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`acts to have consequences within the State of New York. At all times relevant, it has engaged in
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`the sale and distribution of materials and products containing the substance asbestos.
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`21.
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`Defendant COOPER BUISSMANN, a Division of Cooper Industries was and
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`is a duly organized foreign and/or domestic corporation doing business and/or transacting
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`business in the State of New York and/or should have expected its acts to have consequences
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`within the State of New York. At all times relevant, it has engaged in the sale and distribution of
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`materials and products containing the substance asbestos.
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`22.
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`Defendant COOPER INDUSTRIES, INC. was and is a duly organized foreign
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`and/or domestic corporation doing business and/or transacting business in the State of New York
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`and/or should have expected its acts to have consequences within the State of New York. At all
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`17 of 56
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
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`times relevant, it has engaged in the sale and distribution of materials and products containing
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`the substance asbestos.
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`23.
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`Defendant CROWN BOILER CO. was and is a duly organized foreign and/or
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`domestic corporation doing business and/or transacting business in the State of New York and/or
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`should have expected its acts to have consequences within the State of New York. At all times
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`relevant, it has engaged in the sale and distribution of materials and products containing the
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`substance asbestos.
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`24.
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`Defendant DAP, INC., k/n/a La Mirada Products Co., Inc. was and is a duly
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`organized foreign and/or domestic corporation doing business and/or transacting business in the
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`State of New York and/or should have expected its acts to have consequences within the State of
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`New York. At all times relevant, it has engaged in the sale and distribution of materials and
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`products containing the substance asbestos.
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`25.
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`Defendant DEAN PUMP DIVISION was and is a duly organized foreign and/or
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`domestic corporation doing business and/or transacting business in the State of New York and/or
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`should have expected its acts to have consequences within the State of New York. At all times
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`relevant, it has engaged in the sale and distribution of materials and products containing the
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`substance asbestos.
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`26.
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`Defendant DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.,
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`Individually and as successor to Azrock Industries, Inc. was and is a duly organized foreign
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`and/or domestic corporation doing business and/or transacting business in the State of New York
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`and/or should have expected its acts to have consequences within the State of New York. At all
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`times relevant, it has engaged in the sale and distribution of materials and products containing
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`the substance asbestos.
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`FILED: ERIE COUNTY CLERK 11/14/2023 11:32 AM
`NYSCEF DOC. NO. 1
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 11/14/2023
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`27.
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`Defendant EATON CORPORATION, Individually and now Known as Eaton
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`Electrical Inc. and as Successor to The Vickers Pump Company and Cutler-Hammer Inc.
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`and Waterbury Pump was and is a duly organized foreign and/or domestic corporation doing
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`business and/or transacting business in the State of New York and/or should have expected its
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`acts to have consequences within the State of New York. At all times relevant, it has engaged in
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`the sale and distribution of materials and products containing the substance asbestos.
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`28.
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`Defendant ELECTROLUX HOME PRODUCTS, INC., Individually and as
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`Successor to Tappan and Copes Vulcan Blaw-Knox Company, a