`NYSCEF DOC. NO. 57
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/02/2024
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`Further, by this letter, all-codefendants are given notice that Greene Tweed seeks dismissal
`of any and all cross-claims. I respectfully ask that any objections be made in writing, setting forth
`the basis therefor and be filed with the Court and served on all parties pursuant to the dates set
`forth in the applicable scheduling order.
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`1 of 4
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`February 1, 2024
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`Re:
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`Troy Shane Smith v. 84 Lumber Company, et al.
`Erie County Index No. 814633/2023
`Our Client: Greene Tweed & Co., Inc.
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`Via Email: sdymond@belluckfox.com and NYSCEF
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`Seth Dymond, Esq.
`Belluck & Fox, LLP
`546 Fifth Avenue, 5th Floor
`New York, New York 10036
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`Dear Mr. Dymond:
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`Please accept this letter as GREENE TWEED & CO., INC.’s Product Identification Letter
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`regarding the above refenced matter. Based upon the discovery that has occurred to date, neither
`Greene Tweed nor its predecessor, Palmetto Packings, has been identified as sources of Troy
`Smith’s alleged exposure to asbestos.
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`As a result of the lack of any identification or allegations of plaintiff’s exposure to asbestos
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`from any Greene Tweed or Palmetto product, I ask that you please execute the enclosed “No
`Opposition Summary Judgment Motion and Order”. If you disagree with the proposal for any
`reason, please advise in writing setting forth the basis for any objection, so that we may discuss
`possible alternatives. Also, please be advised that if you fail to respond to this request, an Order
`of Dismissal will be presented to the Court for execution.
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`If you have no objections and sign the enclosed motion and order, please return to me at
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`bmt@jordandipalma.com and I will attend to service on all known defendants and file with the
`Court.
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`FILED: ERIE COUNTY CLERK 02/02/2024 08:47 AM
`NYSCEF DOC. NO. 57
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/02/2024
`Page 2 of 2
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`Thank you again for your attention to this matter and please do not hesitate to contact me
`should you have any questions or concerns.
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`Very truly yours,
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`Bridget M. Talerico
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`Bridget M. Talerico, Esq.
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`Encls.
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`Cc: All known parties via NYSCEF
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`2 of 4
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`FILED: ERIE COUNTY CLERK 02/02/2024 08:47 AM
`NYSCEF DOC. NO. 57
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/02/2024
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`NEW YORK STATE SUPREME COURT
`COUNTY OF ERIE
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`TROY SHANE SMITH and ALLYSON JANE SMITH,
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`Plaintiffs,
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`84 LUMBER COMPANY, et al, including GREENE
`TWEED & CO., INC.,
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`Defendants.
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`vs.
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`NO OPPOSITION SUMMARY
`JUDGMENT MOTION AND
`ORDER
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`Index No.: 814633/2023
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`WHEREFORE, defendant Greene Tweed & Co., Inc., individually and as successor to
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`Palmetto Packings, hereby requests summary judgment dismissing Plaintiffs’ Complaint against
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`Greene Tweed & Co., Inc. in the above-captioned action, pursuant to CPLR 3212, with prejudice, and
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`there being no opposition hereto, it is hereby
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`ORDERED, that upon notice to all known co-defendants, all claims, cross-claims and/or
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`counterclaims against Greene Tweed & Co., Inc., are hereby dismissed with prejudice and without
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`costs to any party. The basis for the dismissal is no product identification.
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`Dated: Utica, New York
`Dated: New York, New York
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`February 1, 2024
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`, 2024.
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`Bridget M. Talerico
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`Bridget M. Talerico, Esq.
`Seth A. Dymond, Esq.
`THE LAW OFFICES OF
`BELLUCK & FOX LLP
`DIPALMA, PLLC
`Attorneys for the Plaintiff
`Attorneys for Defendant Greene Tweed & Co., Inc.
`546 Fifth Avenue, 5th Floor
`502 Court Street, Suite 405
`New York, New York 10036
`Utica, New York 13502
`(212)681-1575
`(585) 653-7242
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`
`
`JORDAN
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`3 of 4
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`FILED: ERIE COUNTY CLERK 02/02/2024 08:47 AM
`NYSCEF DOC. NO. 57
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`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 02/02/2024
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`SO ORDERED:
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`HON. RAYMOND W. WALTER, J.S.C.
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`DATED:
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`, 2024
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`4 of 4
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