FILED: ERIE COUNTY CLERK 04/24/2024 04:15 PM
`NYSCEF DOC. NO. 75
`
`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 04/24/2024
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`
`
`Via E-mail & NYSCEF
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`Joseph W. Belluck, Esq.
`Belluck & Fox, LLP
`546 Fifth Avenue, 5th Floor
`New York, NY 10036
`
`Eugene Fleischer
`Paralegal
`Direct Dial: 312 625 4995
`Direct Fax: 312 291 9369
`E-mail: efleischer@mgmlaw.com
`
`April 24, 2024
`
`RE: Troy Shane Smith v. 84 Lumber Company, et al., Erie County
`Index No.: 814633/2023
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`Dear Mr. Comerford:
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`We have reviewed the discovery conducted to date in this case. Plaintiffs have failed to
`provide any evidence that any product manufactured, sold, or distributed by Gardner Denver,
`Inc. or Gardner Denver Nash LLC caused Plaintiffs’ alleged exposure to asbestos. Accordingly,
`we are enclosing a Stipulation of Discontinuance as to Gardner Denver, Inc. and Gardner
`Denver Nash LLC and request that you execute and return same to me at your earliest
`convenience.
`
`If you object to executing the order, please advise of any evidence upon which Plaintiffs
`intend to rely to establish product identification as soon as possible and no later than May 22,
`2024. Please identify the specific product name(s) and product type(s); the location of use in
`Plaintiffs’ presence; the nature of Plaintiffs’ exposure and the date of Plaintiffs’ alleged exposure.
`
`If Plaintiffs intend to rely upon deposition testimony of co-workers or other witnesses,
`please provide the name, address and telephone number of each witness, together with a copy of
`all deposition transcripts corresponding to any testimony previously provided by them relating to
`Plaintiffs’ claims against Gardner Denver, Inc. or Gardner Denver Nash LLC. In addition, if
`Plaintiffs intend to rely upon any documents as against Gardner Denver, Inc. or Gardner Denver
`Nash LLC, please identify all such documents and provide copies of the same. Gardner Denver,
`Inc., and Gardner Denver Nash LLC will object to Plaintiffs’ use of any evidence at trial or in
`opposition to its Summary Judgment motion which is not disclosed in response to this letter.
`
`Please be advised that should you fail to respond to this request, we will submit an Order
`of Dismissal to the Court for execution. By this letter, all co-defendants are given notice that we
`seek dismissal of any and all cross-claims. Any objections shall be made in writing, stating the
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`FILED: ERIE COUNTY CLERK 04/24/2024 04:15 PM
`NYSCEF DOC. NO. 75
`
`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 04/24/2024
`
`Joseph W. Belluck
`April 24, 2024
`Page 2
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`basis of objection, to the Court, and all parties by the corresponding date in the current Scheduling
`Order.
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`Please do not hesitate to contact me with any questions or if you would like to discuss the
`matter further. Thank you for your attention to this matter.
`
`
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`
`
`Attachment
`cc:
`All defense counsel of record
`
`Very truly yours,
`
`Gene
`
`Eugene Fleischer
`
`2 of 3
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`FILED: ERIE COUNTY CLERK 04/24/2024 04:15 PM
`NYSCEF DOC. NO. 75
`
`
`INDEX NO. 814633/2023
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`RECEIVED NYSCEF: 04/24/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`---------------------------------------------------------------------------- X
` Index No.: 814633/2023
`This Document Relates To:
`
`
`TROY SHANE SMITH and ALLYSON JANE SMITH,
`
` Plaintiffs,
`
`
`
`
`- against -
`
`
`STIPULATION OF
`DISCONTINUANCE AS AGAINST
`GARDNER DENVER, INC., and
`GARDNER DENVER NASH LLC
`
`
`84 LUMBER COMPANY, et al.,
`
` Defendants.
`---------------------------------------------------------------------------- X
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`IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, the
`
`attorneys of record for the parties to this stipulation that whereas no party hereto is an infant, incompetent
`person for whom a committee has been appointed or conservatee, and no person not a party has an
`interest in the subject matter of the action, the above-entitled action be, and the same hereby is,
`discontinued, as against Gardner Denver, Inc. incorrectly named as “Gardner Denver Inc.,
`Individually and as Successor to Nash Engineering Company,” and Gardner Denver Nash LLC,
`incorrectly named as “Gardner Denver Nash LLC, Individually and as Successor to Nash
`Engineering Company” with prejudice and without costs to either party as against the other. This
`stipulation may be filed without further notice with the Clerk of the Court.
`
`Dated:
`
`
`
`Belluck & Fox, LLP
`______________________________
`Joseph W. Belluck, Esq.
`
`Attorneys for Plaintiff
`
`
`546 Fifth Avenue, 5th Floor
`
`New York, NY 10036
`
`
`Phone (212) 681-1575
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`
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`
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`MANNING GROSS + MASSENBURG LLP
`______________________________________
`William R. Irwin, Esq.
`Attorneys for Defendant Gardner Denver, Inc.
`200 Vesey Street, 25th Floor
`New York, NY 10281
`Phone (929) 378-4800
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