FILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`NYSCEF DOC. NO. 76
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 05/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`ERIE
`
`COUNTY OF
`
`-----------------------------------------------------x
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
` Plaintiff(s)/Petitioner(s),
`
`- against -
`84 LUMBER COMPANY, et al.,
`
` Defendant(s)/Respondent(s).
`------------------------------------------------------x
`
` Index No.
`
`814633/2023
`
`NOTICE TO COUNTY CLERK
`
`AMENDMENT TO CAPTION
`
`Joseph W. Belluck, Esq.
`____________________, a [plaintiff/defendant or petitioner/respondent] in this case, hereby requests that
`
`the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number
`
`69
`_____
`
`[ ] by adding the following parties as plaintiff(s)/petitioner(s):
`
`[ ] by adding the following parties as defendant(s)/respondent(s):(cid:3)
`
` FORD MOTOR COMPANY, GTE SLYVANIA INCORPORATED, MAGNAVOX, MOTOROLA COMMUNICATIONS AND
`ELECTRONICS, INC., MOTOROLA MOBILITY, INC., MOTOROLA SOLUTIONS, INC., PANASONIC CORPORATION OF NORTH
`AMERICA, Individually and as Successor to Sanyo North America Corporation and Fisher Electronics, SANYO NORTH AMERICA
`CORPORATION, Individually and as Successor to Fisher Electronics, VANTIVA INTERNET SOLUTIONS, LLC, VANTIVA USA
`SHARED SERVICES INC., VISTEON CORPORATION, Individually and as Successor to Philco-Ford, and ZENITH ELECTRONICS,
`LLC
`
`1 of 6
`
`
`NYSCEF DOC. NO. 76
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 05/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`ERIE
`
`COUNTY OF
`
`-----------------------------------------------------x
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
` Plaintiff(s)/Petitioner(s),
`
`- against -
`84 LUMBER COMPANY, et al.,
`
` Defendant(s)/Respondent(s).
`------------------------------------------------------x
`
` Index No.
`
`814633/2023
`
`NOTICE TO COUNTY CLERK
`
`AMENDMENT TO CAPTION
`
`Joseph W. Belluck, Esq.
`____________________, a [plaintiff/defendant or petitioner/respondent] in this case, hereby requests that
`
`the County Clerk amend the caption to conform to the caption in the amended pleading filed as Document Number
`
`69
`_____
`
`[ ] by adding the following parties as plaintiff(s)/petitioner(s):
`
`[ ] by adding the following parties as defendant(s)/respondent(s):(cid:3)
`
` FORD MOTOR COMPANY, GTE SLYVANIA INCORPORATED, MAGNAVOX, MOTOROLA COMMUNICATIONS AND
`ELECTRONICS, INC., MOTOROLA MOBILITY, INC., MOTOROLA SOLUTIONS, INC., PANASONIC CORPORATION OF NORTH
`AMERICA, Individually and as Successor to Sanyo North America Corporation and Fisher Electronics, SANYO NORTH AMERICA
`CORPORATION, Individually and as Successor to Fisher Electronics, VANTIVA INTERNET SOLUTIONS, LLC, VANTIVA USA
`SHARED SERVICES INC., VISTEON CORPORATION, Individually and as Successor to Philco-Ford, and ZENITH ELECTRONICS,
`LLC
`
`1 of 6
`
`
`
`FILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`NYSCEF DOC. NO. 76
`
`INDEX NO. 814633/2023
`
`RECEIVED NYSCEF: 05/02/2024
`
`The basis for this amendment is:
`
`[ ] A stipulation of all parties who have appeared in this matter (copy attached); or
`
`[ ] An amendment as of right under CPLR § 1003.
`
`Dated:
`
`5/2/24
`
`(cid:18)(cid:86)(cid:18)(cid:3)(cid:45)(cid:82)(cid:86)(cid:72)(cid:83)(cid:75)(cid:3)(cid:58)(cid:17)(cid:3)(cid:37)(cid:72)(cid:79)(cid:79)(cid:88)(cid:70)(cid:78)(cid:15)(cid:3)(cid:40)(cid:86)(cid:84)(cid:17)__ (Signature)
`Joseph W. Belluck, Esq.
`
`(Name)
`
`Belluck & Fox, LLP
`
`546 Fifth Avenue, 5th Floor
`
`New York, New York 10036
`
`(212) 681-1575
`
`(212) 681-1574
`
`jbelluck@belluckfox.com
`Plaintiffs
`
`Attorney(s) for
`
`(Firm)
`
`(Address)
`
`(Phone)
`
`(Fax)
`
`(E-Mail)
`
`THIS FORM (FILED AS A COVER PAGE), A COPY OF THE AMENDED CAPTION AS IT APPEARS
`ON THE NEWLY-FILED PLEADING, AND ANY OTHER ACCOMPANYING DOCUMENT MUST
`BE E-FILED AS ONE PDF.
`
`7/10/13
`
`2
`
`2 of 6
`
`
`
`
`FILED: ERIE COUNTY CLERK 04/09/2024 01:17 PMFILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`
`NYSCEF DOC. NO. 69NYSCEF DOC. NO. 76
`
`
`
`INDEX NO. 814633/2023INDEX NO. 814633/2023
`
`
`
`RECEIVED NYSCEF: 04/09/2024RECEIVED NYSCEF: 05/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
`
`
`v.
`
`84 LUMBER COMPANY, et al.,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Index No. : 814633/2023
`
`Date Filed: November 14, 2023
`
`Plaintiff designates
`ERIE
`County as the place of trial
`
`The basis of the venue is
`DEFENDANTS’ PLACE OF
`BUSINESS
`
`FIRST AMENDED SUMMONS
`
`See Attached Rider - FULL CAPTION
`
`TO THE ABOVE NAMED DEFENDANTS:
`
`YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
`
`a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice
`
`of Appearance, on the Plaintiff’s Attorney within 20 days after the service of this Summons,
`
`exclusive of the day of service (or within 30 days after the service is complete if this Summons is
`
`not personally delivered to you within the State of New York). In the case of your failure to
`
`appear or answer, judgment will be taken against you by default for the relief demanded in the
`
`complaint.
`
`Dated: New York, New York
`
`April 9, 2024
`
`
`
`
`Yours etc.,
`
`BELLUCK & FOX, LLP
`Attorneys for Plaintiff
`546 Fifth Avenue, 5th Floor
`New York, New York 10036
`(212) 681-1575
`
`By:/s/ Joseph W. Belluck, Esq.
`
`Joseph W. Belluck, Esq.
`
`
`
`1 of 123 of 6
`
`
`
`
`FILED: ERIE COUNTY CLERK 04/09/2024 01:17 PMFILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`
`NYSCEF DOC. NO. 69NYSCEF DOC. NO. 76
`
`
`
`INDEX NO. 814633/2023INDEX NO. 814633/2023
`
`
`
`RECEIVED NYSCEF: 04/09/2024RECEIVED NYSCEF: 05/02/2024
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF ERIE
`
`
`
`
`
`
`
`
`
`TROY SHANE SMITH and ALLYSON JANE
`SMITH,
`
`
`
`- against -
`
`84 LUMBER COMPANY;
`A.O. SMITH WATER PRODUCTS;
`ABB, INC., formerly known as Brown Boveri;
`AIR & LIQUID SYSTEMS CORPORATION, as
`
`Successor by Merger to Buffalo Pumps, Inc.;
`ALLEN-BRADLEY COMPANY, INC.,
`
`Individually and as Successor to Rostone;
`AMTROL, INC., Individually and as Successor to
`
`Thrush Products, Inc.;
`ARMSTRONG INTERNATIONAL, INC.;
`ARMSTRONG PUMPS, INC.;
`ATWOOD & MORRILL CO., INC. d/b/a Weir Valves
`
`& Controls USA Inc.;
`BLACKMER PUMP;
`BW/IP INTERNATIONAL CO., formerly known as
`
`Borg Warner Industrial Products Inc., a former
`
`subsidiary of and successor to Borg Warner
`
`Corp. and Byron Jackson Pumps;
`CARRIER CORPORATION;
`CLARK RELIANCE CORPORATION, Individually
`
`and as Successor to Jerguson;
`CLEAVER BROOKS COMPANY f/k/a Aqua Chem,
`
`Inc.;
`CLEAVER BROOKS COMPANY f/k/a Aqua
`
`Chem, Inc. and Davis Engineering;
`COOPER BUSSMANN, a Division of Cooper
`
`Industries;
`COOPER INDUSTRIES, INC.;
`CROWN BOILER CO.;
`DAP, INC. k/n/a La Mirada Products Co., Inc.;
`DEAN PUMP DIVISION;
`DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett,
`
`Inc., Individually and as successor to Azrock
`
`Industries, Inc.;
`EATON CORPORATION, Individually and now
`
`Known as Eaton Electrical, Inc and as
`
`Successor to The Vickers Pump Company and
`
`Plaintiffs,
`
`Index No. : 814633/2023
`
`FULL CAPTION RIDER
`
`
`
`
`
`
`
`
`
`
`
`
`- 2 -
`
`
`
`2 of 124 of 6
`
`
`
`
`FILED: ERIE COUNTY CLERK 04/09/2024 01:17 PMFILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`
`NYSCEF DOC. NO. 69NYSCEF DOC. NO. 76
`
`
`
`INDEX NO. 814633/2023INDEX NO. 814633/2023
`
`
`
`RECEIVED NYSCEF: 04/09/2024RECEIVED NYSCEF: 05/02/2024
`
`Cutler-Hammer, Inc and Waterbury Pump;
`
`ELECTROLUX HOME PRODUCTS, INC.,
`
`Individually and as Successor to Tappan and
`
`Copes Vulcan, Blaw-Knox Company, and
`
`White Consolidated Industries;
`FLOWSERVE US, INC., solely as Successor to
`
`Rockwell Manufacturing Company, Edward
`
`Valves, Inc., Nordstrom Valves, Inc. and
`
`Edward Vogt Valve Company;
`FMC CORPORATION, Individually and as Successor
`
`to Northern Pump Company, Coffin and
`
`Peerless Pump Company and Labour Pump
`
`Company;
`FORD MOTOR COMPANY;
`FOSTER WHEELER, LLC;
`GARDNER-DENVER INC., Individually and as
`
`Successor to Nash Engineering Company;
`GARDNER-DENVER NASH LLC, Individually and
`
`as Successor to Nash Engineering Company;
`GENERAL ELECTRIC COMPANY;
`GOULDS PUMPS, INC.;
`GREENE, TWEED & CO., LLP, Individually and as
`
`Successor to Palmetto Packings;
`GRINNELL CORPORATION;
`GTE SYLVANIA INCORPORATED;
`HANSEN PERMANENTE CEMENT INC.;
`HONEYWELL INTERNATIONAL, INC.,
`
`Individually and f/k/a AlliedSignal, Inc., and as
`
`Successor-in-Interest to The Bendix Corp.;
`HOWDEN BUFFALO, INC., Individually and as
`
`Successor In Interest to FB Sturtevant, The
`
`Howden Buffalo Group and Buffalo Fan;
`I.T.T. INDUSTRIES, INC., Individually and as
`
`successor to Bell & Gossett;
`INTERNATIONAL PAPER COMPANY f/k/a
`
`Hammermill Paper Co. and Individually and
`
`as Successor to US Plywood;
`KAISER GYPSUM COMPANY, INC.;
`LENNOX INDUSTRIES, INC., Individually and as
`
`Successor to Lennox Furnace Company and
`
`Ducane;
`MAGNAVOX;
`MANNINGTON MILLS INC.;
`METROPOLITAN LIFE INSURANCE COMPANY;
`MOTOROLA COMMUNICATIONS AND
`
`ELECTRONICS, INC.;
`
`- 3 -
`
`
`
`3 of 125 of 6
`
`
`
`
`FILED: ERIE COUNTY CLERK 04/09/2024 01:17 PMFILED: ERIE COUNTY CLERK 05/02/2024 11:55 AM
`
`NYSCEF DOC. NO. 69NYSCEF DOC. NO. 76
`
`
`
`INDEX NO. 814633/2023INDEX NO. 814633/2023
`
`
`
`RECEIVED NYSCEF: 04/09/2024RECEIVED NYSCEF: 05/02/2024
`
`MOTOROLA MOBILITY, INC.;
`MOTOROLA SOLUTIONS, INC.;
`NEW YORKER BOILER COMPANY, INC.;
`NORTHERN PUMP COMPANY;
`PANASONIC CORPORATION OF NORTH
`
`AMERICA, Individually and as Successor to
`
`Sanyo North America Corporation and
`
`Fisher Electronics;
`PARAMOUNT GLOBAL, f/k/a ViacomCBS Inc., f/k/a
`
`CBS Corporation, a Delaware corporation,
`
`f/k/a/ Viacom Inc., successor by merger to CBS
`
`Corporation, a Pennsylvania corporation, f/k/a
`
`Westinghouse Electric Corporation;
`R.T. VANDERBILT COMPANY, INC.,
`
`Individually and as Successor to
`
`International Talc Co., International Pulp Co.
`
`and Governeur Talc Co., Inc.;
`REDCO CORP., f/k/a Crane Co.;
`SANYO NORTH AMERICA CORPORATION,
`
`Individually and as Successor to Fisher
`
`Electronics;
`SCHNEIDER ELECTRIC USA, INC. formerly
`known as Square D Company;
`
`SPIRAX SARCO, INC.;
`THRUSH CO., INC.;
`UNION CARBIDE CORPORATION;
`VANTIVA INTERNET SOLUTIONS, LLC;
`VANTIVA USA SHARED SERVICES INC.;
`VELAN VALVE CORP.;
`VISTEON CORPORATION, Individually and as
`Successor to Philco-Ford;
`
`WARREN PUMPS, LLC, Individually and as
`
`Successor to The Quimby Pump Company;
`WEIL McLAIN, a division of Marley Wylain
`
`Company;
`WEYERHAEUSER COMPANY;
`YORK INTERNATIONAL CORPORATION,
`
`Individually and as Successor to Frick
`
`Company;
`ZENITH ELECTRONICS LLC.
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 4 -
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`
`
`4 of 126 of 6
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`
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