throbber
FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`
`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`
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` VERIFIED ANSWER
`
` Index No.: 814633/2023
`
`
`
`vs.
`
`Defendants.
`____________________________
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`________________________________________________
`
`TROY SHANE SMITH and ALLYSON JANE SMITH,
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`
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`Plaintiffs,
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`
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`84 LUMBER COMPANY, et al.,
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`VERIFIED ANSWER OF BW/IP, INC. and
`Its Wholly-Owned Subsidiaries TO THE VERIFIED COMPLAINT
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`Defendant, BW/IP and its wholly-owned subsidiaries, formerly known as Borg Warner
`
`
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`Industrial Products Inc. a Former subsidiary of and successor to Borg Warner Corp. and Byron
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`Jackson Pumps, hereinafter “BW/IP”, by its attorneys, Barclay Damon LLP, as and for its verified
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`answer to the Plaintiffs’ Complaint, respectfully alleges upon information and belief, as follows:
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`1.
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`Denies knowledge or information sufficient to form a belief as to the truth of each
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`and every allegation contained in Paragraphs 1, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19,
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`20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45,
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`46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 114, 115, 116, 117, 118, 119, 120,
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`138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 152, 153, 154, 155, 156, 157,
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`158, 159, 160, 161, 162, 166, and 183 of the verified complaint.
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`2.
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`Denies each and every allegation, and all subparts thereto, contained in paragraphs
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`2, 5, 62, 63, 64, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 76, 77, 78, 80, 81, 82, 85, 86, 87, 88, 89, 90,
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`91, 92, 93, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112,
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 163, 164, 165, 168,
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, and 184 of the verified complaint as it
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`relates to defendant, BW/IP, INC., and denies knowledge or information sufficient to form a belief
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`as to the truth of the allegations as to the co-defendants.
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`3.
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`Admit so much of Paragraph 16 that, BW/IP was a duly organized foreign
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`corporation doing business in the State of New York and denies the rest and remainder of said
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`paragraph.
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`4.
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`As and for its response to paragraphs 70, 79, 84, 94, 113, 121, 137, 151, 167, 180,
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`and 182, defendant BW/IP repeats, reiterates and realleges the responses previously interposed to
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`the allegations contained in paragraphs 1 through 184 as if fully set forth herein.
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`5.
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`Denies each and every other remaining allegation of the verified complaint not
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`hereinbefore specifically admitted or otherwise denied.
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`First Affirmative Defense
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`6.
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`The verified complaint fails to state a cause of action against BW/IP, INC.
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`Second Affirmative Defense
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`7.
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`This Court lacks jurisdiction over the subject matter of this action.
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`Third Affirmative Defense
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`8.
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`The claims of plaintiffs are barred by the doctrine of laches.
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`Fourth Affirmative Defense
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`9.
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`The damages allegedly sustained by the plaintiffs were caused, in whole or in part,
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`by the negligence or other culpable conduct to the plaintiff and/or co-defendants, which conduct
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`constituted a supervising cause of plaintiffs’ alleged injuries.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Fifth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`10.
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`Insofar as the verified complaint and each cause of action considered separately
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`allege a cause of action occurring before September 1, 1975, each such cause of action is barred
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`by reasons of the culpable conduct attributable to plaintiffs, including contributory negligence and
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`assumption of the risk.
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`Sixth Affirmative Defense
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`11.
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`Any damages allegedly sustained by the plaintiffs were the proximate result of an
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`unforeseen and/or unforeseeable negligent, grossly negligent, wanton, reckless, omission or
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`conduct of intervening third parties superseding parties.
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`Seventh Affirmative Defense
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`12.
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`The damages allegedly sustained by the plaintiffs were caused, in whole or in part,
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`by the negligence or other culpable conduct of one or more persons or instrumentalities over which
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`BW/IP, INC. had no control and with whom it had no legal relationship.
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`Eighth Affirmative Defense
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`13.
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`The damages allegedly sustained by the plaintiffs were caused, in whole or in part,
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`through the operations of nature.
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`Ninth Affirmative Defense
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`14.
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`If the plaintiffs’ sustained damages as alleged, such damages occurred while
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`plaintiff engaged in activities into which he entered, knowing the hazard, risk and damages of the
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`activities and he assumed the risks incidental to and attendant to the activities.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Tenth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`15.
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`The lawsuit was not commenced by the plaintiffs within the time prescribed by law
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`and the plaintiffs’ claim, therefore, is barred from recovery pursuant to applicable statutes of
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`limitations.
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`Eleventh Affirmative Defense
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`16.
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`All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July
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`31, 1986) are time-barred in that said statute is in violation of the Constitution of the United States
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`and the Constitution of the State of New York.
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`Twelfth Affirmative Defense
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`17.
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`This action cannot be maintained, as there is another action pending for the same
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`relief.
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`Thirteenth Affirmative Defense
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`18.
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`To the extent that any injury relating to the named plaintiff occurred in the context
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`of an employer-employee relationship, claims for said injuries are barred by the Workers’
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`Compensation Act.
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`Fourteenth Affirmative Defense
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`19.
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`No acts or omissions of this defendant proximately caused any damages.
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`Fifteenth Affirmative Defense
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`20.
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`Any asbestos-containing product of this answering defendant that may be present
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`at plaintiff’s job locations were placed in any such buildings upon specification, approval or at the
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`instruction of governmental or legislative agencies or bodies.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Sixteenth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`21.
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`The damages allegedly sustained by the plaintiffs’ which allegedly arose from
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`plaintiffs’ alleged exposure to asbestos-containing products while he was working on or about the
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`equipment allegedly manufactured by this defendant (the “Equipment”), were caused, in whole or
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`in part, by the improper use and operation of the Equipment, rather than any defect in the design,
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`manufacture, production, assemblage, installation, testing, labeling, marketing, distribution, sale
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`or inspection of the Equipment by BW/IP, INC.
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`Seventeenth Affirmative Defense
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`22.
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`The damages allegedly sustained by the plaintiffs’ which allegedly arose from the
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`Equipment are caused by the alteration, misuse and/or improper maintenance of the Equipment by
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`one or more persons or instrumentalities other than BW/IP, INC., rather than any defect in the
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`design, manufacture, production, assemblage,
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`installation,
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`testing,
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`labeling, marketing,
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`distribution, sale or inspection of the Equipment by BW/IP, INC.
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`Eighteenth Affirmative Defense
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`23.
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`This defendant is not liable for the damages allegedly sustained by plaintiffs’
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`because plaintiff was not in privity of contract with BW/IP, INC. at any time and the Equipment
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`was not inherently dangerous.
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`Nineteenth Affirmative Defense
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`24.
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`The Equipment was not defective or dangerous at any time when defendant, BW/IP,
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`INC. had possession or control of it.
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`Twentieth Affirmative Defense
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`25.
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`All implied warranties, including the warranties of merchantability and fitness for
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`a particular purpose, were excluded at the time of the sale of the Equipment.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Twenty-First Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`26.
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`No implied warranties, including the warranties of merchantability and fitness for
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`a particular purpose, became a part of the basis of the bargain in the sale of the Equipment.
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`Twenty-Second Affirmative Defense
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`27.
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`This defendant is not liable to plaintiffs for the damages alleged in the verified
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`complaint because such damages are excluded and not recoverable under express warranty.
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`Twenty-Third Affirmative Defense
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`28.
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`The purchaser of the Equipment and all beneficiaries of any warranties, express or
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`implied, relating to the Equipment failed to provide notice of the alleged breaches of warranty to
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`this defendant pursuant to the applicable provision of the Uniform Commercial Code.
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`Twenty-Fourth Affirmative Defense
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`29.
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`Oral warranties upon which plaintiffs allegedly relied are unavailable as violative
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`of the provisions of the applicable Statute of Frauds.
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`Twenty-Fifth Affirmative Defense
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`30.
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`To the extent that plaintiffs sustained injuries from the use of a product alleged to
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`contain asbestos, which is denied, plaintiffs, other defendants or other parties not under the control
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`of BW/IP, INC. misused, abused, misapplied and otherwise mishandled the product alleged to be
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`asbestos material. Therefore, the amount of damages, which may be recoverable, must be
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`diminished by the proportion, which said misuse, abuse, misapplication and mishandling bears to
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`the conduct, which caused the alleged damage or injury.
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`Twenty-Sixth Affirmative Defense
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`31.
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`In the event it should be proven at the time of trial that all the defendants are subject
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`to market share liability, then BW/IP, INC.’s share of such liability would be of such a de minimis
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`amount as to make its contribution for damages negligible, and BW/IP, INC. would be entitled to
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`contribution, either in whole or in part, from co-defendants.
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`Twenty-Seventh Affirmative Defense
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`32.
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`This defendant denies that the asbestos products alleged in plaintiffs’ verified
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`complaint are products within the meaning and scope of the Restatement of Torts Section 402A
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`and as such the verified complaint fails to state a cause of action in strict liability.
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`Twenty-Eighth Affirmative Defense
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`33.
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`BW/IP, INC. had no knowledge or reason to know of any alleged risks associated
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`with asbestos and/or asbestos-containing products at any time during the periods complained of.
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`Twenty-Ninth Affirmative Defense
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`34.
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`The plaintiffs did not directly or indirectly purchase any asbestos-containing
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`products or materials from BW/IP, INC. and the plaintiffs’ did not either receive or rely upon any
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`representation or warrant allegedly made by BW/IP, INC.
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`Thirtieth Affirmative Defense
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`35.
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`To the extent that the plaintiffs were exposed to any product containing asbestos as
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`a result of conduct by BW/IP, INC. which is denied, said exposure was de minimis and not a
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`substantial contributing factor to any asbestos-related disease which the plaintiffs’ may have
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`developed, and not actionable at law or equity.
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`Thirty-First Affirmative Defense
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`36.
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`Exposure to asbestos fibers attributable to this defendant is so minimal so as to be
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`insufficient to establish to a reasonable degree of probability that the products are capable of
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`causing injury or damages and must be considered speculative as a matter of law.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Thirty-Second Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`37.
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`Finished asbestos-containing products are not unreasonably dangerous as a matter
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`of law.
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`Thirty-Third Affirmative Defense
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`38.
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`If this answering defendant was on notice of any hazard or defect for which
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`plaintiffs seek relief, which this answering defendant denies, plaintiffs also had such notice and
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`are thereby barred from recovery.
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`Thirty-Fourth Affirmative Defense
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`39.
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`Any damages must be reduced by the value of the benefit received by plaintiffs
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`from the use of defendant’s products.
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`Thirty-Fifth Affirmative Defense
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`40.
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`There is no justifiable issue or controversy.
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`Thirty-Sixth Affirmative Defense
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`41.
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`The claims for damages have not accrued, are purely speculative, uncertain and
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`contingent.
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`Thirty-Seventh Affirmative Defense
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`42.
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`Plaintiffs’ have acted voluntarily, unnecessarily, prematurely, with no evidence of
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`injury to anyone at any job locations.
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`Thirty-Eighth Affirmative Defense
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`43.
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`None of the alleged injuries or damages was foreseeable at the time of the alleged
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`acts or omissions set forth in plaintiffs’ verified complaint.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Thirty-Ninth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`44.
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`This answering defendant was under no duty to warn purchasers, those who
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`performed work, or those under their control who were in a better position to warn; if warning was
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`required, their failure to do so was a superseding proximate cause of injury.
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`Fortieth Affirmative Defense
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`45.
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`Plaintiffs were warned of risk of exposure to use of asbestos-containing materials.
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`Forty-First Affirmative Defense
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`46.
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`Plaintiff’s claims are barred as a matter of public policies, since social utility and
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`benefit of asbestos-containing products outweighed the risk.
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`Forty-Second Affirmative Defense
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`47.
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`To the extent that plaintiffs seek to maintain a claim for relief on behalf of any
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`decedent, said plaintiffs lack capacity and/or standing to maintain such claim for relief against
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`BW/IP, INC.
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`Forty-Third Affirmative Defense
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`48.
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`Plaintiffs’ claims are barred because of plaintiffs’ failure to join necessary and
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`indispensable parties.
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`Forty-Fourth Affirmative Defense
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`49.
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`Plaintiffs may not bring this action as they have failed to exhaust all of their
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`administrative remedies.
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`Forty-Fifth Affirmative Defense
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`50.
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`Plaintiffs’ failed to mitigate or otherwise act to lessen or reduce the injuries alleged
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`in the verified complaint.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Forty-Sixth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`51.
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`Plaintiffs’ cause of action for exemplary or punitive damages is barred because such
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`damages are not recoverable or warranted in this action.
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`Forty-Seventh Affirmative Defense
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`52.
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`Plaintiffs’ demands for punitive damages are barred by the due process clauses of
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`the Fourteenth Amendment to the United States Constitution and the New York State Constitution.
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`Forty-Eighth Affirmative Defense
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`53.
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`Plaintiffs’ demands for punitive damages are barred by the proscription of the
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`Eighth Amendment to the United States Constitution, as applied to the states through the
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`Fourteenth Amendment, and Article I, section 5 of the New York State Constitution prohibiting
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`the imposition of excessive fines.
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`Forty-Ninth Affirmative Defense
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`54.
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`Plaintiffs’ demands for punitive damages are barred by the “double jeopardy”
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`clause of the Fifth Amendment to the United States Constitution, as applied to the states through
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`the Fourteenth Amendment, and Article I, Section 6 of the New York State Constitution.
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`Fiftieth Affirmative Defense
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`55.
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`If plaintiffs sustained injuries in the manner alleged, all of which has been denied
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`by the defendant, the liability of BW/IP, INC., if any, shall be limited in accordance with Article
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`16 of the Civil Practice Law and Rules.
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`Fifty-First Affirmative Defense
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`56.
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`At all times relevant to this litigation, this defendant complied with all applicable
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`laws, regulations and standards.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`Fifty-Second Affirmative Defense
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`57.
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`Relief is barred by virtue of the doctrine of estoppel and waiver.
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`Fifty-Third Affirmative Defense
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`58.
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`That at all times relevant to this litigation, the agents, servants, and/or employees
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`of this defendant utilized proper methods in the conduct of its operations, in conformity with the
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`available knowledge and research of the scientific and industrial communities.
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`Fifty-Fourth Affirmative Defense
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`59.
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`Plaintiffs contributed to his illness, either in whole or in part, by exposure to or the
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`use of tobacco products and/or other substances, products, medications or drugs.
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`Fifty-Fifth Affirmative Defense
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`60.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of arbitration and award.
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`Fifty-Sixth Affirmative Defense
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`61.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of collateral estoppel.
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`Fifty-Seventh Affirmative Defense
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`62.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of discharge in bankruptcy.
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`Fifty-Eighth Affirmative Defense
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`63.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of payment.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`Fifty-Ninth Affirmative Defense
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`64.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of release.
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`Sixtieth Affirmative Defense
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`65.
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`Upon information and belief, some or all of the causes of action may not be
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`maintained because of the doctrine of res judicata.
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`Sixty-First Affirmative Defense
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`66.
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`All defenses which have been or will be asserted by other defendants and/or any
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`third-party defendants in this action are adopted and incorporated by reference as if fully set forth
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`at length herein as a defense to plaintiffs’ verified complaint. In addition, BW/IP, INC. will rely
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`upon any and all other further defenses which become available or appear during discovery
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`proceedings in this action and hereby specifically reserves the right to amend its verified answer
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`for the purposes of asserting any such additional defenses.
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`Sixty-Second Affirmative Defense
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`67.
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`To the extent that any plaintiff herein brings suit in a representative capacity, such
`
`plaintiff has failed to allege sufficient facts to demonstrate legal capacity to sue pursuant to New
`
`York.
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`Sixty-Third Affirmative Defense
`
`68.
`
`Any recovery by the plaintiffs herein must be reduced by collateral source
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`payments pursuant to CPLR §4545.
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`Sixty-Fourth Affirmative Defense
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`69.
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`That in the event there has been a settlement between plaintiffs and any joint or co-
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`tortfeasor, or person, company or entity liable or claimed to be liable, including bankrupt persons,
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`NYSCEF DOC. NO. 52
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`companies and entities, then defendant, BW/IP, Inc., hereby pleads and seeks the full benefit of
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`§15-108 of the General Obligations Law that plaintiffs’ claim against defendant, BW/IP, Inc., be
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`reduced to the fullest extent permitted by §15-108 of the General Obligations Law.
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`Sixty-Fifth Affirmative Defense
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`That the injuries and/or illnesses, if any, sustained by plaintiffs’ were caused or
`
`70.
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`contributed to by fault, neglect and want of care on the part of plaintiff or on the part of others for
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`whose acts or omissions or breach of legal duty, BW/IP is not liable.
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`Sixty-Sixth Affirmative Defense
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`To the extent that plaintiffs alleged exposure to BW/IP, Inc. products occurred
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`71.
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`outside of the State of New York and insofar as BW/IP, Inc. is neither incorporated, nor maintains
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`its principal place of business in New York, BW/IP, Inc. is not subject to the jurisdiction of New
`
`York State Courts.
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`Sixty-Seventh Affirmative Defense
`
`72.
`
`If plaintiffs allege exposure to asbestos from product associated with this answering
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`defendant then the asbestos was manufactured and supplied by others and this defendant has no
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`duty to warn for such asbestos and has no liability for any damages caused by such asbestos.
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`CROSS-CLAIM AGAINST CO-DEFENDANTS
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`73.
`
`If plaintiffs were caused to sustain damages at the time and place set forth in
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`plaintiffs’ verified complaint through any carelessness, recklessness and/or negligence other than
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`that of plaintiff himself, including, but not limited to, the manufacture and distribution of the
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`asbestos product, breaches of warranty, either express or implied, and in strict liability in tort, these
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`damages will have been caused and brought about by reason of the carelessness, recklessness
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`and/or negligence of the co-defendants not represented by this verified answer.
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`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 01/30/2024
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`74.
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`If the plaintiffs should recover a judgment against this answering defendant, by
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`operation of law or otherwise, it will be entitled to judgment, contribution and/or indemnity over
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`and against the co-defendants not represented by this verified answer, their agents, servants and/or
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`employees, by reason of their carelessness, recklessness and/or negligence for the amount of any
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`such recovery, or a portion thereof, in accordance with the principals of law regarding
`
`apportionment of fault and damages, along with costs, disbursements and reasonable expenses of
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`the investigation and defense of this action, including reasonable attorneys’ fees.
`
`WHEREFORE, Defendant, BW/IP and Its Wholly-Owned Subsidiaries, demands
`
`judgment dismissing the verified complaint; diminishing plaintiffs’ damages in the proportion
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`which the culpable conduct attributed to the plaintiffs’ bears to the culpable conduct which may
`
`have caused such damages; apportioning the relative culpability between the defendants and
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`between liable entities pursuant to Article 16 of the CPLR and Article 14 of the CPLR and
`
`awarding the costs and disbursements of this action together with such other and further relief as
`
`to this court may seem just and proper.
`
`DATED:
`
`
`
`Buffalo, New York
`January 129 2024
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`BW/IP, INC. and Its Wholly-Owned
`Subsidiaries, Defendant
`
`
`
`
`By:
`Carol G. Snider, Esq.
`BARCLAY DAMON LLP
`The Avant Building - Suite 1200
`200 Delaware Avenue
`Buffalo, New York 14202-2150
`(716) 856-5500
`
`
`
`TO:
`
`
`
`
`
`
`Joseph W. Belluck, Esq.
`BELLUCK & FOX, LLP
`Attorneys for Plaintiffs
`546 Fifth Avenue, 5th Floor
`New York, New York 10036
`(212) 681-1575
`
`
`27646971.1
`
`
`
`- 14 -
`
`
`14 of 15
`
`

`

`FILED: ERIE COUNTY CLERK 01/30/2024 07:32 AM
`NYSCEF DOC. NO. 52
`
`INDEX NO. 814633/2023
`
`I
`
`RECEIVED NYSCEF: 01/30/2024
`
`VERIFICATION
`
`SS.
`
`) ) )
`
`STATE OF NEW YORK
`
`COIINTY OF ERIE
`
`CAROL G. SNIDER, ESQ., being dul5, swom herein says:
`
`1.
`
`That she is one of the attorneys for the defendant, BWIP, INC. and Its Wholly-
`
`Owned subsidiaries. in this action; that she has read the verif-red allsw'er to the verified cornplaint
`
`and knows the contents thereof; that the same is true to her own knowledge except as to the matters
`
`therein stated to be alleged upon information and belief and as to those matters, she believes them
`
`to be true.
`
`2.
`
`That the reason this verification is made by the deponent and not by defendant,
`
`BWIP, INC. and Its Wholly-Owned Subsidiaries, is that the answering defendant is outside the
`
`County of Erie where the deponent maintains her office.
`
`3.
`
`That the sources of deponent's knowledge and the grounds for her belief are from
`
`the correspondence with said defendant, BW/IP, INC. and Its Wholly-Owned Subsidiaries, and
`
`correspondence and conversations with the representatives of said defendant, and from reports of
`
`investigation of the said defendant's representatives, certain of which the correspondence and
`
`reports are now in deponent's possession.
`
`G. Snider, Esq.
`
`Subscribed and sworn to before
`me this 29th day of January,2024
`
`Notary Public
`
`27646977.7
`
`PATRICIADEEB
`Notary Public, State of New York
`Qual. in Erie Co., No. 01DE4838ssCt (
`My Commlssion ExpiresAug.3l, 205s
`
`- 15 -
`
`15 of 15
`
`

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