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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
` X
` TROY SHANE SMITH and ALLYSON JANE SMITH,
` Plaintiffs,
`v.
`
`84 LUMBER COMPANY, et al.,
` Defendants.
`
`
`
`
`Index No. 814633/2023
`
`VERIFIED ANSWER TO
`PLAINTIFFS’ VERIFIED
`COMPLAINT, CROSS-
`CLAIM AND ANSWER
`TO CROSS-CLAIMS OF
`WARREN PUMPS LLC
`
`
`X
`Defendant Warren Pumps LLC, sued incorrectly as “WARREN PUMPS, LLC,
`Individually and as Successor to The Quimby Pump Company” (hereinafter “Warren Pumps”), by its
`attorneys Leader Berkon Colao & Silverstein LLP, hereby acknowledges receipt and answers the
`Plaintiffs’ Verified Complaint, filed on November 14, 2023, (hereinafter the “Complaint”), and
`alleges, upon information and belief, as follows:
`THE PARTIES
`Warren Pumps denies knowledge or information sufficient to form a belief
`1.
`as to the truth of the allegations contained in paragraphs 1 through 4 of the Complaint.
`2.
`Warren Pumps denies the allegations contained in paragraph 5 of the
`Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has
`conducted and/or transacted business in the State of New York.
`3.
`Warren Pumps denies knowledge or information sufficient to form a belief
`as to the truth of the allegations contained in paragraphs 6 through 56 of the Complaint.
`4. Warren Pumps denies the allegations contained in paragraph 57 of the
`Complaint except admits that Warren Pumps is a foreign corporation that has done and/or
`transacted business in the State of New York.
`5.
`Warren Pumps denies knowledge or information sufficient to form a belief
`as to the truth of the allegations contained in paragraphs 58 through 61 of the Complaint.
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`Warren Pumps denies the allegations contained in paragraph 62 of the
`6.
`Complaint insofar as they are directed at Warren Pumps, except admits that Warren Pumps has
`conducted and/or transacted business in the State of New York.
`7.
`Warren Pumps denies the truth of the allegations contained in paragraphs
`63 through 69 (inclusive) of the Complaint insofar as they are directed at Warren Pumps, and
`otherwise denies knowledge or information sufficient to form a belief as to the truth of the
`allegations contained in said paragraphs, and refers all questions of law to the Court.
`AS TO THE FIRST CAUSE OF ACTION SOUNDING IN NEGLIGENCE
`8.
`With regard to paragraph 70 of the Complaint, Warren Pumps repeats,
`reiterates and realleges each and every response as to paragraphs 1 through 69 of the Complaint as if
`more fully set forth herein.
`9.
`Warren Pumps denies the truth of the allegations contained in paragraphs
`71 through 78 of the Complaint, including all sub-parts, insofar as they are directed at Warren
`Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth
`of the allegations contained in said paragraphs.
`AS TO THE SECOND CAUSE OF ACTION SOUNDING IN BREACH OF WARRANTY
`10. With regard to paragraph 79 of the Complaint, Warren Pumps repeats,
`reiterates and realleges each and every response as to paragraphs 1 through 78 of the Complaint as if
`more fully set forth herein.
`11. Warren Pumps denies the truth of the allegations contained in paragraphs
`80 through 83 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise
`denies knowledge or information sufficient to form a belief as to the truth of the allegations
`contained in said paragraphs.
`
`
`
`
`
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`AS TO THE THIRD CAUSE OF ACTION SOUNDING IN STRICT LIABILITY
`12. With regard to paragraph 84 of the Complaint, Warren Pumps repeats,
`reiterates and realleges each and every response as to paragraphs 1 through 83 of the Complaint as if
`more fully set forth herein.
`13. Warren Pumps denies the truth of the allegations contained in paragraphs
`85 through 93 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise
`denies knowledge or information sufficient to form a belief as to the truth of the allegations
`contained in said paragraphs.
`
`
`AS TO THE FOURTH CAUSE OF ACTION
`LABOR LAW VIOLATIONS
`
`14. With regard to paragraph 94 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 93 of the Complaint as if
`
`more fully set forth herein.
`
`15. Warren Pumps denies knowledge or information sufficient to form a belief as
`
`to the truth of the allegations contained in paragraphs 95 through 112 (inclusive), including all sub-
`
`parts therein, as these allegations do not pertain to it.
`
`AS TO THE FIFTH CAUSE OF ACTION AGAINST DEFENDANT METROPOLITAN LIFE
`INSURANCE COMPANY
`
`
`16. With regard to paragraph 113 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 112 of the Complaint as
`
`if more fully set forth herein.
`
`17. Warren Pumps denies knowledge or information sufficient to form a belief as
`
`to the truth of the allegations contained in paragraphs 114 through 120 (inclusive) of the Complaint,
`
`as these allegations do not pertain to it.
`
`
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`AS TO THE SIXTH CAUSE OF ACTION SOUNDING IN CONSPIRACY AND
`COLLECTIVE LIABILITY/CONCERT OF ACTION
`
`
`18. With regard to paragraph 121 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 120 of the Complaint as
`
`if more fully set forth herein.
`
`19. Warren Pumps denies the truth of the allegations contained in paragraphs
`
`122 through 136 of the Complaint, including all sub-parts, insofar as they are directed at Warren
`
`Pumps, and otherwise denies knowledge or information sufficient to form a belief as to the truth
`
`of the allegations contained in said paragraphs.
`
`AS TO THE SEVENTH CAUSE OF ACTION AGAINST DEFENDANT CONTRACTORS
`
`20. With regard to paragraph 137 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 136 of the Complaint as
`
`if more fully set forth herein.
`
`21. Warren Pumps denies knowledge or information sufficient to form a belief as
`
`to the truth of the allegations contained in paragraphs 138 through 150 (inclusive) of the Complaint,
`
`as these allegations do not pertain to it.
`
`AS TO THE EIGHTH CAUSE OF ACTION FOR PREMISES LIABILITY AGAINST
`CERTAIN DEFENDANTS
`
`22. With regard to paragraph 151 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 150 of the Complaint as
`
`if more fully set forth herein.
`
`23. Warren Pumps denies knowledge or information sufficient to form a belief as
`
`to the truth of the allegations contained in paragraphs 152 through 166 (inclusive), including all sub-
`
`parts therein, as these allegations do not pertain to it.
`
`
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`AS TO THE NINTH CAUSE OF ACTION JOINT AND SEVERAL LIABILITY
`
`24. With regard to paragraph 167 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 166 of the Complaint
`
`as if more fully set forth herein.
`
` 25. Warren Pumps denies the truth of the allegations contained in paragraphs
`
`168 through 179 of the Complaint insofar as they are directed at Warren Pumps, and otherwise
`
`denies knowledge or information sufficient to form a belief as to the truth of the allegations
`
`contained in said paragraphs, and refers all questions of law to the Court.
`
`AS TO THE TENTH CAUSE OF ACTION PUNITIVE DAMAGES
`
`26. With regard to paragraph 180 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 179 of the Complaint as
`
`if more fully set forth herein.
`
`27. Warren Pumps denies the truth of the allegations contained in paragraph
`
`181 of the Complaint, insofar as they are directed at Warren Pumps, and otherwise denies
`
`knowledge or information sufficient to form a belief as to the truth of the allegations contained in
`
`said paragraphs, and refers all questions of law to the Court.
`
`AS TO THE ELEVENTH CAUSE OF ACTION SPOUSAL LOSS OF CONSORTIUM
`
`28. With regard to paragraph 182 of the Complaint, Warren Pumps repeats,
`
`reiterates and realleges each and every response as to paragraphs 1 through 181 of the Complaint
`
`as if more fully set forth herein.
`
` 29. Warren Pumps denies knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in paragraph 183 of the Complaint.
`
`
`
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` 30. Warren Pumps denies the allegations contained in paragraph 184 of the
`Complaint.
`
`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
`The Complaint fails to state a cause of action upon which relief can be
`31.
`granted against Warren Pumps.
`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`Plaintiffs’ claims are time barred by reason of the applicable statute(s) of
`
`32.
`
`
`
`limitations.
`
`33.
`
`34.
`
`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`Plaintiffs’ claims are barred by the operation of the doctrine of estoppel.
`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`Plaintiff has waived all claims against Warren Pumps.
`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`This Court lacks both general and specific personal jurisdiction over
`35.
`Warren Pumps. Warren Pumps further objects to and denies an exercise of general jurisdiction
`over it, notwithstanding any of Plaintiff’s allegations in the complaint purporting to establish a
`basis for general jurisdiction (see, e.g., Daimler AG v. Bauman, 571 U.S. 117(2014); BNSF Ry.
`Co. v. Tyrrell, 137 S.Ct. 1549 (2017); Bristol-Myers Squibb Co. v. Sip. Ct. of Cal., S.F. Cty, 137
`S. Ct. 1773 (2017); cf., Gibson v. Air & Liquid Sys. Corp., 173 AD3d 519 [1st Dept., 2019]).
`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`The venue of this action is improper.
`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`Plaintiffs’ claims are barred by the doctrines of res judicata and/or
`
`36.
`
`37.
`collateral estoppel.
`
`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`Plaintiffs’ speculative, uncertain and/or contingent damages have not
`38.
`accrued and are not recoverable.
`
`
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`This cause of action must be dismissed in the event Plaintiff has another
`39.
`action pending against Warren Pumps for the same cause of action in another court.
`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`In the event Plaintiff executed a settlement agreement releasing and
`40.
`discharging Warren Pumps from all claims arising out of Plaintiffs’ alleged injury, all claims
`alleged by Plaintiff should be dismissed.
`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`41.
`To the extent that Plaintiff has given a release or covenant not to sue or
`not to enforce a judgment to an alleged co-tortfeasor of Warren Pumps, Plaintiffs’ claim herein is
`reduced to the extent of any amount stipulated by the release or covenant, in the amount of the
`consideration paid for it, or in the amount of the released tortfeasor’s equitable share of the
`damages, whichever is greater.
`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`Plaintiff was not injured by exposure to Warren Pumps’ products.
`42.
`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`43.
`In the event that Plaintiff was employed by any of the Defendants,
`Plaintiffs’ sole and exclusive remedy is under the Worker’s Compensation Law of the State of
`New York.
`
`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
`44.
`Insofar as the Complaint, and each cause of action considered separately,
`alleges a cause of action accruing on or after September 1, 1975 to recover damages for personal
`injuries, the amount of damages recoverable thereon must be diminished by reason of the
`culpable conduct attributable to Plaintiff, including contributory negligence and assumption of
`risk, in the proportion which the culpable conduct attributable to Plaintiff bears to the culpable
`conduct which caused the damages.
`
`
`
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
`45.
`Insofar as the Complaint, and each cause of action considered separately,
`alleges a cause of action accruing on or after September 1, 1975 each such cause of action is
`barred by reason of the culpable conduct attributable to Plaintiff, including contributory
`negligence and assumption of risk.
`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
`46.
`To the extent that Plaintiff was injured as alleged in the Complaint, which
`Warren Pumps denies, said injury was proximately caused by the negligence, breach of warranty
`and/or strict liability of persons and/or entities other than Warren Pumps.
`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
`47.
`To the extent that Plaintiff was injured as alleged in the Complaint, which
`Warren Pumps denies, such injury was the result of intervening and/or superseding acts or
`omissions of parties over whom Warren Pumps had no control or right to control.
`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
`48.
`At all times relevant hereto, the knowledge of Plaintiffs’ employer(s) was
`superior to that of Warren Pumps with respect to possible health hazards associated with
`Plaintiffs’ employment, and, therefore, if there was any duty to warn or provide protection to
`Plaintiff, it was the duty of said employer, not of Warren Pumps, and breach of that duty was an
`intervening and/or superseding cause of the injuries allegedly sustained by Plaintiff.
`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
`49.
`At all times during the conduct of their corporate operations, the agents,
`
`
`servants and/or employees of Warren Pumps used proper methods in their production activities
`in conformity to the available knowledge and research of the scientific and industrial
`communities.
`
`
`
`
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`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
`50.
`To the extent that Plaintiff sustained injuries from the use of Warren
`Pumps products, which Warren Pumps denies, such injuries resulted from the unforeseeable
`misuse, abuse, alteration, modification, and/or unauthorized handling of the product by Plaintiff,
`or by third-parties, over whom Warren Pumps had no control or right to control.
`AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
`51.
`Plaintiff voluntarily assumed the risks associated with the use of or
`exposure to the products at issue.
`AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
`52. Warren Pumps had no knowledge or reason to know of any alleged risks
`associated with finished asbestos-containing products at any time during the purported peril
`complained of in the Complaint.
`AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
`53.
`Plaintiff contributed to the injuries alleged by the use of other substances,
`products, medications and drugs.
`AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
`54.
`As to all causes of action pleaded in the Complaint which are based upon
`
`
`expressed or implied representations, such causes of action are legally insufficient as against
`Warren Pumps as there was no privity of contract between Plaintiff and Warren Pumps.
`AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
`55.
`Plaintiff never purchased, directly or indirectly, any asbestos-containing
`product or materials from Warren Pumps, nor did Plaintiff ever receive or rely upon any
`representation allegedly made by Warren Pumps.
`AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
`56.
`To the extent that Plaintiff was exposed to any product manufactured by
`Warren Pumps, which Warren Pumps denies, said exposure was de minimis and not a substantial
`
`
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`contributing factor to any asbestos-related disease which Plaintiff may have developed, thus
`requiring dismissal of the Complaint against Warren Pumps.
`AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
`57.
`Plaintiffs’ claims are barred because of Plaintiffs’ failure to join necessary
`and indispensable parties.
`AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
`58.
`To the extent that Plaintiff is entitled to damages, which Warren Pumps
`denies, Warren Pumps is entitled to a set-off for all Workers’ Compensation payments received
`by Plaintiff.
`
`AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
`59.
`In accordance with CPLR 1601, Warren Pumps’ liability for non-
`economic loss is limited to its equitable share of the total liability for non-economic loss.
`AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
`In accordance with CPLR 4545(c), Warren Pumps is entitled to a set-off
`60.
`for any past or future costs or expenses incurred or to be incurred by Plaintiff for medical care,
`custodial care of rehabilitation services, loss of earnings or other economic loss, which has been
`or will with reasonable certainty be replaced or indemnified in whole or in part from a collateral
`source.
`
` AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
`61.
`Plaintiffs’ action is barred by the government contractor’s defense because
`Warren Pumps was a contractor supplying materials, labor and or services to the United States
`Government.
`
`AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
`62.
`At all relevant times, the state of the medical, scientific, and industrial
`knowledge, the state of the art, practice, and prevailing industry standards regarding asbestos-
`containing products was such that Warren Pumps neither knew, had reason to know, nor could
`
`
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`have known of any foreseeable or significant risk or harm to Plaintiff in the normal or expected
`use of Warren Pumps’ products.
`AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
`63.
`Any injuries sustained by Plaintiff resulted from Plaintiffs’ alleged use of
`or exposure to asbestos or asbestos-containing products manufactured and sold in strict
`compliance with mandatory specifications established by persons or entities other than Warren
`Pumps, including, without limitation, agencies, agents and departments of the United States,
`which persons or entities possessed, at the time of such manufacture or sale, knowledge equal to
`or greater than that of Warren Pumps concerning the properties and characteristics of asbestos and
`asbestos-containing products.
`AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE
`64.
`Any asbestos-containing Warren Pumps products were supplied according
`to the purchaser’s or user’s specifications and standards.
`AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE
`65. Warren Pumps was under no legal duty to warn Plaintiff of any hazards
`from the use of any asbestos-containing products. The actual purchasers and/or those under the
`purchasers’ control, Plaintiffs’ employer(s), and the owners and lessors of the properties at which
`Plaintiff alleges exposure to such products, were in a far better position to warn Plaintiff and, if
`any such warning was legally required, which is expressly denied; their failure to do so was a
`superseding and proximate cause of Plaintiffs’ alleged injury.
`AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE
`66.
`Plaintiff was reasonably and adequately warned of any alleged risks
`associated with the use of or exposure to asbestos-containing products.
`AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE
`67.
`Timely and/or proper notice was not given to Warren Pumps as to any
`alleged breach of warranty.
`
`
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`AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE
`68.
`To the extent Plaintiffs’ claims are based on an alleged breach of
`warranty, Plaintiff did not rely on any warranty.
`AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE
`69.
`Any oral warranties upon which Plaintiff allegedly relied are inadmissible
`under the Statute of Frauds.
`AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE
`Any claims by Plaintiff for exemplary and/or punitive damages are barred
`70.
`because such damages are not recoverable or warranted.
`AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE
`71. Warren Pumps’ conduct was not reckless, malicious, willful or grossly
`negligent, and consequently, Plaintiff is not entitled to exemplary and/or punitive damages.
`AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE
`72.
`All defenses which have been or will be asserted by other Defendants in
`this action are adopted and incorporated by reference as if fully set forth herein. In addition,
`Warren Pumps will rely upon any and all other further defenses which become available or
`appear during discovery in this action and hereby specifically reserves its right to amend its
`answer for the purpose of asserting any such additional affirmative defenses.
`AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE
`73.
`This action does not fall within one or more of the exceptions set forth in
`CPLR§ 1602 and Warren Pumps is responsible only for its allocated share of any verdict that
`may be rendered against it.
`
`
`AS AND FOR A CROSS-CLAIM
`AGAINST EACH OF THE OTHER DEFENDANTS
`
`If damages were sustained at the time(s) and place(s) set forth in the
`74.
`Complaint through any carelessness, recklessness and/or negligence other than that of Plaintiff,
`
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`including, but not limited to, the manufacture and distribution of asbestos-containing products,
`breach of warranty or misrepresentations, either express or implied, and/or through strict liability
`in tort, such damages, in whole or in part, will have been caused and brought about by reason of
`the carelessness, recklessness and/or negligence of each of the other Defendants named in this
`action.
`
`If Plaintiff should recover a judgment against Warren Pumps, by
`75.
`operation of law or otherwise, Warren Pumps will be entitled to judgment, contribution and/or
`indemnification, in whole or in part, from each of the other Defendants named in this action,
`their agents, servants and/or employees, by reason of their carelessness, recklessness, and/or
`negligence for the amount of any such recovery, in accordance with principles of law regarding
`apportionment of fault and damages, along with costs, disbursements and reasonable expenses of
`the investigation and defense of this action, including reasonable attorneys’ fees.
`WHEREFORE, Defendant Warren Pumps demands judgment dismissing the
`Complaint as to it, together with the costs and disbursements of this action, and, to the extent of
`any recovery by Plaintiff against Warren Pumps herein, further demands judgment for
`contribution and/or indemnification against each of the other defendants named in the Complaint
`together with Warren Pumps’ costs and disbursements in this action.
`
`ANSWER TO ALL CROSS-CLAIMS
`Warren Pumps hereby answers the cross-claims of each of the other defendants
`named in this action, however asserted or alleged, and says:
`76.
`All cross-claims for contribution alleged against Warren Pumps by any
`party Defendant are denied.
`77.
`All cross-claims for indemnification alleged against Warren Pumps by any
`party Defendant are denied.
`78.
`All cross-claims for contractual indemnification alleged against Warren
`Pumps by any party Defendant are denied.
`
`
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`
`
`WHEREFORE, Defendant Warren Pumps demands judgment in its favor and
`against all other Defendants and requests the Court to dismiss all cross-claims filed against
`Warren Pumps with prejudice and award Warren Pumps its costs, attorneys’ fees and
`disbursements in this action.
`
`Dated: New York, New York
`December 28, 2023
`
`
`
`
`
`LEADER BERKON COLAO
`& SILVERSTEIN LLP
`
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`by: /s/ David J. Goodearl
` DAVID J. GOODEARL
` Attorneys for Defendant
` Warren Pumps LLC
` 630 Third Avenue
` New York, New York 10017
` (212) 486-2400
`
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`FILED: ERIE COUNTY CLERK 12/28/2023 01:16 PM
`FILED: ERIE COUNTY CLERK 12/28/2023 01:16 P
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`NYSCEF DOC. NO. 17
`NYSCEF DOC. NO. 17
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`INDEX NO. 814633/2023
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 12/28/2023
`RECEIVED NYSCEF: 12/28/2023
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`VERIFICATION
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`SS:
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`):
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`STATE OF NEW YORK
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`COUNTY OF NEW YORK )
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`David J. Goodearl, being duly sworn, deposes and saysthat I am an attorney at
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`law with the firm of Leader Berkon Colao & Silverstein LLP, havingtheir offices at 630 Third
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`Avenue,in the City, County and State of New York, attorneys for defendant Warren Pumps
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`LLC, in the within action; that I have read the foregoing Verified Answerto Plaintiffs’ Verified
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`Complaint, Cross-Claim and Answer to Cross-Claims of Warren Pumps LLC, and know the
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`contents thereof; that the sameis true upon information and belief and I believeit to be true; that
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`the grounds of mybelief are public records, records and documents currently in my possession
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`pertaining to this matter, and conversations with client’s agents; and that the reason whythis
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`verification is made by meand notby said defendantis that said defendant’s principal place of
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`business is in Warren, Massachusetts which is located outside of New York County where
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`Leader Berkon Colao & Silverstein LLP maintainsits offices.
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`The undersigned affirms that the foregoing statements are true, under the penalties
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`of perjury.
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`Dated: December 28, 2023
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`LEADER BERKON COLAO
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`& SILVERSTEIN LLP
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`by:
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`David /. Goodearl
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