FILED: ERIE COUNTY CLERK 01/25/2024 03:19 PM
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`Index No. 814633/2023
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`VERIFIED ANSWER
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
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`TROY SHANE SMITH and ALLYSON JANE SMITH,
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`Plaintiffs,
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`vs.
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`84 LUMBER COMPANY, et al.,
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`Defendants.
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`ANSWER TO PLAINTIFFS’ COMPLAINT AND AFFIRMATIVE DEFENSES OF
`DEFENDANT GOULDS PUMPS LLC
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`Defendant Goulds Pumps Incorporated, now known as Goulds Pumps LLC (hereinafter
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`referred to as “Goulds” or “Defendant”), as its Answer to Plaintiffs’ Complaint (hereinafter
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`referred to as the “Complaint”) and Affirmative Defenses, states as follows:
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`1–4.
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`Goulds is without knowledge or information to form a belief as to the truth of the
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`allegations set forth in Paragraphs 1 through 4.
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`5.
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`To the extent that Paragraph 5 contains allegations against Goulds, Goulds denies
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`the allegations set forth in Paragraph 5. To the extent that Paragraph 5 contains allegations against
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`entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth against those entities. Further, the allegation that Goulds
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`has conducted and/or transacted business in New York is a question of law to be adjudicated by
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`this Court.
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`6–34.
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`Paragraphs 6 through 34 make no allegation against Goulds and therefore Goulds
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`makes no answer thereto.
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`35.
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`To the extent that Paragraph 35 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 35. To the extent that Paragraph 35 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information to form
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`a belief as to the truth of the allegations set forth against those entities. Further, the allegation that
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`Goulds has conducted and/or transacted business in New York is a question of law to be
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`adjudicated by this Court.
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`36–60. Paragraphs 36 through 60 make no allegation against Goulds and therefore
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`Goulds makes no answer thereto.
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`61.
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`To the extent that the allegations in Paragraph 61 are directed against Goulds,
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`Goulds denies the allegations set forth in Paragraph 61. To the extent that Paragraph 61 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`Answering further, the allegation that Goulds has conducted and/or transacted business in New
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`York is a question of law to be adjudicated by this Court.
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`62–69. To the extent that the allegations in Paragraphs 62 through 69 are directed against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 62 through 69. To the extent that
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`Paragraphs 62 through 69 contain allegations against entities other than Goulds, Goulds is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations set forth
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`against those entities.
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`AS AND FOR A FIRST CAUSE OF ACTION
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`70.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 69 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`71–78. To the extent that Paragraphs 71 through 78 contain allegations against Goulds,
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`Goulds denies the allegations set forth in Paragraphs 71 through 78. To the extent that Paragraphs
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`71 through 78 contain allegations against entities other than Goulds, Goulds is without knowledge
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`or information sufficient to form a belief as to the truth of the allegations set forth against those
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`entities.
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`AS AND FOR A SECOND CAUSE OF ACTION
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`79.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 78 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`80–83. To the extent that Paragraphs 80 through 83 contain allegations against Goulds,
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`Goulds denies the allegations set forth in Paragraphs 80 through 83. To the extent that Paragraphs
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`80 through 83 contain allegations against entities other than Goulds, Goulds is without knowledge
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`or information sufficient to form a belief as to the truth of the allegations set forth against those
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`entities.
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`AS AND FOR A THIRD CAUSE OF ACTION
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`84.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 83 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`85–93. To the extent that Paragraphs 85 through 93 contain allegations against Goulds,
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`Goulds denies the allegations set forth in Paragraphs 85 through 93. To the extent that Paragraphs
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`85 through 93 contain allegations against entities other than Goulds, Goulds is without knowledge
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`or information sufficient to form a belief as to the truth of the allegations set forth against those
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`entities.
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`AS AND FOR A FOURTH CAUSE OF ACTION
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`94.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 93 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`95–103. To the extent that Paragraphs 95 through 103 contain allegations against Goulds,
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`Goulds denies the allegations set forth in Paragraphs 95 through 103. To the extent that Paragraphs
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`95 through 103 contain allegations against entities other than Goulds, Goulds is without knowledge
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`or information sufficient to form a belief as to the truth of the allegations set forth against those
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`entities.
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`104.
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`To the extent that Paragraph 104 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 104. To the extent that Paragraph 104 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`Answering further, the applications of the New York Labor Law (hereinafter the “Labor Law”)
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`and New York Industrial Code (hereinafter the “Industrial Code”) are questions of law to be
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`determined by this Court.
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`105–110.
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`To the extent that Paragraphs 105 through 110 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 105 through 110. To the extent that
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`Paragraphs 105 through 110 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`111.
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`The allegations in Paragraph 111 are overly broad, vague, and lack foundation.
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`Therefore, to the extent that Paragraph 111 contains allegations against Goulds, Goulds denies the
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`allegations set forth in Paragraph 111. To the extent that Paragraph 111 contains allegations against
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`entities other than Goulds, Goulds is without knowledge or information sufficient to form a belief
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`as to the truth of the allegations set forth against those entities.
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`112.
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`The application of the Industrial Code 23 1.7 (g) and its predecessor is a question
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`of law to be determined by this Court; therefore Goulds denies the allegations.
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`AS AND FOR A FIFTH CAUSE OF ACTION
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`113.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 112 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`114–120.
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`To the extent that Paragraphs 114 through 120 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 114 through 120. To the extent that
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`Paragraphs 114 through 120 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`AS AND FOR A SIXTH CAUSE OF ACTION
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`121.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 120 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`122–130.
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`To the extent that Paragraphs 122 through 130 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 122 through 130. To the extent that
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`Paragraphs 122 through 130 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`131.
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`Goulds denies the allegations in Paragraph 131.
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`132–136.
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`To the extent that Paragraphs 132 through 136 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 132 through 136. To the extent that
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`Paragraphs 132 through 136 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`AS AND FOR A SEVENTH CAUSE OF ACTION
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`137.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 136 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`138.
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`Goulds is without knowledge or information to form a belief as to the truth of the
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`allegations set forth in Paragraph 138.
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`139–146.
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`To the extent that Paragraphs 139 through 146 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 139 through 146. To the extent that
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`Paragraphs 139 through 146 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`147.
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`To the extent that Paragraph 147 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 147. To the extent that Paragraph 147 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities. Further,
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`the application of the Labor Law is a question of law to be determined by this Court.
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`148.
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`To the extent that Paragraph 148 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 148. To the extent that Paragraph 148 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`149.
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`To the extent that Paragraph 149 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 149. To the extent that Paragraph 149 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities. Further,
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`the applications of the Labor Law are questions of law to be determined by this Court.
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`150.
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`To the extent that Paragraph 150 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 150. To the extent that Paragraph 150 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`AS AND FOR AN EIGHTH CAUSE OF ACTION
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`151.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 150 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`152.
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`To the extent that Paragraph 152 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 152. To the extent that Paragraph 152 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`153–158.
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`To the extent that Paragraphs 153 and 158 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 153 and 158. To the extent that
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`Paragraphs 153 and 158 contain allegations against entities other than Goulds, Goulds is without
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`knowledge or information sufficient to form a belief as to the truth of the allegations against those
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`entities. Further, whether Goulds has conducted and/or transacted business in New York is a
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`question of law to be adjudicated by this Court.
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`159–165.
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`To the extent that Paragraphs 159 through 165 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 159 through 165. To the extent that
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`Paragraphs 159 through 165 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities.
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`166.
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`The substantive law governing this case is a question of law to be determined by
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`this Court; therefore Goulds makes no answer thereto.
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`AS AND FOR A NINTH CAUSE OF ACTION
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`167.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 166 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`168–178.
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`To the extent that Paragraphs 168 through 178 contain allegations against
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`Goulds, Goulds denies the allegations set forth in Paragraphs 168 through 178. To the extent that
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`Paragraphs 168 through 178 contain allegations against entities other than Goulds, Goulds is
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`without knowledge or information sufficient to form a belief as to the truth of the allegations set
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`forth against those entities. Answering further, the application of the New York Civil Practice Law
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`and Rules (“CPLR”) is a question of law to be determined by this Court; therefore Goulds denies
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`the allegations.
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`179.
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`To the extent that Paragraph 179 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 179. To the extent that Paragraph 179 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`Answering further, the application of Article 16 of the NY CPLR, the New York Workers’
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`Compensation Law and the New York General Obligation Law are questions of law to be
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`determined by this Court; therefore Goulds denies the allegations.
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`AS AND FOR A TENTH CAUSE OF ACTION
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`180.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 179 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`181.
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`To the extent that Paragraph 181 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 181. To the extent that Paragraph 181 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`AS AND FOR AN ELEVENTH CAUSE OF ACTION
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`182.
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`Goulds repeats each and every answer contained in Paragraphs 1 through 181 of
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`this Answer herein with the same force and effect is as if fully set forth herein.
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`183.
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`Goulds is without knowledge or information to form a belief as to the truth of the
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`allegations set forth in Paragraph 183.
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`184.
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`To the extent that Paragraph 184 contains allegations against Goulds, Goulds
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`denies the allegations set forth in Paragraph 184. To the extent that Paragraph 184 contains
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`allegations against entities other than Goulds, Goulds is without knowledge or information
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`sufficient to form a belief as to the truth of the allegations set forth against those entities.
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`WHEREFORE, Defendant Goulds Pumps LLC denies liability to Plaintiff in any matter
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`or sum whatsoever Defendant Goulds Pumps LLC denies that Plaintiffs are entitled to
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`compensatory and punitive damages. Defendant Goulds Pumps LLC further requests that
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`Plaintiffs’ claims be dismissed with prejudice and any other relief this Honorable Court deems
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`just.
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`AFFIRMATIVE DEFENSES
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`First Defense
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`Plaintiffs’ Complaint fails to state a claim upon which relief may be granted.
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`Second Defense
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`Plaintiffs’ Complaint is barred by the applicable statute of repose or statute of limitations.
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`Third Defense
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`Any claim or cause of action Plaintiffs may have is barred, in whole or in part, by the
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`doctrines of laches, waiver, collateral estoppel, and/or res judicata.
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`Fourth Defense
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`Plaintiffs failed to plead the claims of fraud and conspiracy with proper specificity and, as
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`such, all claims premised on fraud and/or conspiracy must be dismissed.
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`Fifth Defense
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`The injuries and/or illnesses to Plaintiff, if any, are governed by the applicable Workers’
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`Compensation statutes and shall have constituted an industrial disability and Plaintiffs’ exclusive
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`remedy, if any, shall lie within the terms and ambit of said statute.
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`Sixth Defense
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`Plaintiffs’ claims and causes of action against Defendant are barred, in whole or in part,
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`because Defendant owed no legal duty to Plaintiff or, if it owed such a legal duty, it did not breach
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`such duty.
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`Seventh Defense
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`The injuries allegedly sustained by Plaintiff, if any, were proximately caused by Plaintiffs’
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`free and voluntary acts of knowingly and voluntarily placing himself in a position of danger and
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`thus assuming the risks ordinary incident to such acts.
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`Eighth Defense
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`The injuries allegedly sustained by Plaintiff, if any, arose in whole or part out of the risks,
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`hazards, and dangers incident to the occupation of Plaintiff all of which were open, obvious and
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`well known to Plaintiff, and the action is barred by Plaintiffs’ assumption of the risks thereof.
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`Ninth Defense
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`This action is barred, in whole or part, by the misuse, abuse, or substantial modification of
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`the product.
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`Tenth Defense
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`The negligent acts or omissions of Plaintiffs were the sole proximate cause or proximate
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`contributing cause of the injuries and damages of which Plaintiffs’ complains.
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`Eleventh Defense
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`Plaintiff TROY SHANE SMITH contributed to his illness, either in whole or in part, by
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`the use of other substances, products, medications and drugs. To the extent that Plaintiff TROY
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`SHANE SMITH used any tobacco products, any damages awarded should be reduced in whole or
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`in part by the amount of his damages caused by smoking.
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`Twelfth Defense
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`That the injuries and/or illnesses, if any, sustained by Plaintiff were caused or contributed
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`to by the fault, neglect, and want of care on the part of Plaintiff or of others for whose acts or
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`omissions or breach of legal duty Defendant is not liable.
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`Thirteenth Defense
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`Plaintiffs’ alleged damages were negligently caused in whole or in part by persons, firms,
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`corporations, or entities other than those parties before this Court and such negligence either bars
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`or comparatively reduces any possible recovery by Plaintiff.
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`Fourteenth Defense
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`Insofar as the Complaint alleges a cause of action accruing on or after September 1, 1975
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`to recover damages for personal injuries, the amount of damages recoverable thereon must be
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`diminished by reason of the culpable conduct attributable to Plaintiff, including contributory
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`negligence and assumption of risk, in the proportion which the culpable conduct attributable to
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`Plaintiff bear to the culpable conduct which caused the damages.
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`Fifteenth Defense
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`If Plaintiff suffered damages as a result of the allegations set forth in the Complaint, then
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`those damages were the result of intervening or superseding acts or omissions of persons other
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`than the Defendant.
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`Sixteenth Defense
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`If Plaintiff suffered injuries as a proximate result of a condition of Defendant’s products,
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`any of Defendant’s products would have been supplied to an employer of Plaintiff. Such employer
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`was a knowledgeable and sophisticated user of said products, and thus Defendant had no further
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`legal duty to warn or instruct Plaintiff.
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`Seventeenth Defense
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`If any of the allegations of Plaintiff with respect to the defective condition of asbestos or
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`asbestos products are proven, then Plaintiff is barred from any recovery due to the fact that at all
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`relevant times there was no known substitute for asbestos or asbestos products.
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`Eighteenth Defense
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`The state of the medical and scientific knowledge at all relevant times was such that
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`Defendant neither knew nor could have known that its asbestos-containing products presented a
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`foreseeable risk of harm to any person in the normal and expected use of those products.
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`Nineteenth Defense
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`To the extent that Defendant conformed to the scientific knowledge and research data
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`available throughout the industry and scientific community, Defendant shall have fulfilled its
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`obligations, if any, herein, and Plaintiffs’ claims shall be barred, in whole or in part.
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`Twentieth Defense
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`If Plaintiff sustained injuries as a result of exposure to any product manufactured by
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`Defendant, the degree of such damage attributable to Defendant’s product is negligible, and hence,
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`de minimis.
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`Twenty-First Defense
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`Defendant cannot be held jointly and severally liable for acts or omissions of other
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`defendants because the acts and omissions of those other defendants were separate and distinct
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`and the alleged harm caused by each defendant is divisible.
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`Twenty-Second Defense
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`Defendant is not liable for any damages alleged to have resulted from exposure to any of
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`its products which were manufactured pursuant to Government specifications.
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`Twenty-Third Defense
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`Insofar as Plaintiffs rely upon allegations of negligence, breaches of warranties, fraudulent
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`representations, and violations of obligations of strict product liability as against Defendant prior
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`to September 1, 1975, said causes of action fail to state facts sufficient to constitute causes of
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`action by reason of the failure to allege the freedom of Plaintiffs from contributory negligence or
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`fault; and that if Plaintiffs sustained the injuries, losses, and other damages complained of in the
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`Complaint, they were caused and brought about, in whole or in part, by the negligence,
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`carelessness, assumption of risk, fault or other culpable conduct of Plaintiffs.
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`Twenty-Fourth Defense
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`To the extent that Plaintiff alleges rights assertedly derived from oral warranties or
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`undertakings on the part of Defendant, the Complaint is barred by the applicable statute of frauds.
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`Twenty-Fifth Defense
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`To the extent Plaintiff alleges a cause of action for express and/or implied warranties and
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`the alleged breaches thereof, such cause of action is legally insufficient by reason of the failure to
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`allege privity of contract and/or privity of warranties between Plaintiff and Defendant.
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`Twenty-Sixth Defense
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`To the extent that any breach of warranty is alleged, Plaintiff failed to give proper and
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`prompt notice of any such breach to Defendant.
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`Twenty-Seventh Defense
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`Plaintiff did not directly or indirectly purchase any asbestos-containing products or
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`materials from Defendant, and Plaintiff neither received nor relied upon any representation or
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`warranty allegedly made by Defendant.
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`Twenty-Eighth Defense
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`The action cannot proceed in the absence of all parties who should be named in accordance
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`with CPLR § 1001.
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`Twenty-Ninth Defense
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`The recoverable damages, if any, should be diminished under the collateral source rule set
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`forth in CPLR § 4545.
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`Thirtieth Defense
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`To the extent that Plaintiff may recover damages from Defendant, Defendant is entitled to
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`indemnification and/or contribution, in whole or in part, from each other defendants in this action.
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`FILED: ERIE COUNTY CLERK 01/25/2024 03:19 PM
`NYSCEF DOC. NO. 43
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/25/2024
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`Thirty-First Defense
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`If Defendant is ultimately found to be liable to Plaintiff, then, pursuant to CPLR Article
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`16, it shall only be liable for its equitable share of Plaintiffs’ recovery since any liability which
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`will be found against it will be insufficient to impose joint liability.
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`Thirty-Second Defense
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`Pursuant to CPLR Article 16, the liability, if any, of Defendant for non-economic loss shall
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`not exceed its equitable share of liability.
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`Thirty-Third Defense
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`To the extent Plaintiff seek to hold Defendant liable retroactively for conduct that was not
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`actionable at the time it occurred, Plaintiffs’ claims violate Defendant’s right to be free from ex
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`post facto laws and Defendant’s procedural and substantive due process rights under the
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`Constitution of the United States.
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`Thirty-Fourth Defense
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`Any claim for exemplary and/or punitive damages is barred because such damages are not
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`recoverable or warranted in this action.
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`Thirty-Fifth Defense
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`The imposition of punitive damages on the facts alleged in the Complaint is barred by the
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`United States Constitution and the Constitution of the State of New York.
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`Thirty-Sixth Defense
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`Plaintiffs’ claims are barred because this Court lacks personal jurisdiction over Defendant.
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`Thirty-Seventh Defense
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`Plaintiffs’ claims are barred due to improper service of the Summons and Complaint on
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`Defendant.
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`FILED: ERIE COUNTY CLERK 01/25/2024 03:19 PM
`NYSCEF DOC. NO. 43
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/25/2024
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`Thirty-Eighth Defense
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`Plaintiffs’ claim for punitive damages cannot be sustained because it would violate
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`Defendant’s rights under the Constitutions of the United States and the State of New York,
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`including, but not limited to:
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`(a)
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`Defendant’s procedural and substantive due process rights and equal protection
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`rights under the Fifth and Fourteenth Amendments of the United States
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`Constitution and under cognate provisions of the New York Constitution;
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`(b)
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`Defendant’s rights under the double jeopardy clauses of the Fifth Amendment of
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`the United States Constitution and Article I, Section 6 of the New York State
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`Constitution;
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`(c)
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`Defendant’s rights to protection from “excessive fines” as provided in the
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`Constitutions of the United States and the State of New York.
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`Thirty-Ninth Defense
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`The law of New York and the Due Process Clause of the Fourteenth Amendment and the
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`Supremacy Clause of Article VI of the United States Constitutions forbid punishing Defendant
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`simply for lawfully selling a legal product.
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`Fortieth Defense
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`Punitive damages are inappropriate to serve deterrence and punishment objectives because
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`those will be fully served by past and future liability for the same conduct at issue in this case.
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`Moreover, considerations of due process, comity, and state sovereignty bar any attempts to punish
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`Defendant, except to the extent the alleged conduct has had an impact in this State.
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`16 of 18
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`FILED: ERIE COUNTY CLERK 01/25/2024 03:19 PM
`NYSCEF DOC. NO. 43
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/25/2024
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`Forty-First Defense
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`All defenses which have been or will be asserted by other defendants and/or third-party
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`defendants in this action are adopted and incorporated herein by reference as if fully set forth at
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`length as defenses to Plaintiffs’ Complaint. In addition, Defendant will rely upon any and all other
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`further defenses which become available or appear during discovery proceedings in this action and
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`hereby specifically reserves the right to amend its Answer for purposes of asserting further
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`additional defenses.
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`Respectfully submitted,
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`GOULDS PUMPS LLC
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`
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`By:
` Beth L. Hughes
` One of the Attorneys for Goulds Pumps LLC
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`Dated: January 25, 2023
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`Brady S. Edwards, Esq.
`Beth L. Hughes, Esq.
`Morgan, Lewis & Bockius LLP
`101 Park Avenue
`New York, NY 10178-0060
`Phone: (212) 309-6000
`Fax: (212) 309-6001
`beth.hughes@morganlewis.com
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`To:
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`Belluck & Fox LLP
`546 Fifth Avenue, 5th Floor
`New York, NY 10036
`Attorneys for Plaintiff
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`- 17 -
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`17 of 18
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`FILED: ERIE COUNTY CLERK 01/25/2024 03:19 PM
`NYSCEF DOC. NO. 43
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`ATTORNEY VERIFICATION
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/25/2024
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`
`)
`STATE OF NEW YORK
`) ss:
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`
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`COUNTY OF NEW YORK )
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`BETH L. HUGHES, an attorney duly admitted to practice law before the Courts of the
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`State of New York, deposes and says that I am an attorney for Goulds Pumps LLC, with an office
`located at 101 Park Avenue, New York, New York, that I have read the foregoing Answer and
`Affirmative Defenses to Plaintiffs’ Complaint on Behalf of Defendant Goulds Pumps LLC and
`know the contents thereof, that the same is true upon information and belief and I believe it to be
`true, that the grounds of my belief are public records, records and documents currently in my
`possession pertaining to this matter, and conversations with client’s agents, and that the reason
`why this verification is made by me and not by said defendant is that said defendant is a foreign
`corporation which has no offices located in New York County where I maintain an office.
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`The undersigned affirms that the foregoing statements are true, under the penalties of
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`perjury.
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`Dated: January 25, 2023
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`New York, New York
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`Beth L. Hughes
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