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`NYSCEF DOC. NO. 42
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`---------------------------------------------------------------------------------------x
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`DENNIS KILKENNY and PATRICIA KILKENNY,
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` Plaintiffs,
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`
`
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` -against-
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`AII ACQUISITION, LLC, et al.,
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` Defendants.
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`Index No. 190011/2024
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`DEFENDANT REDCO
`CORPORATION’S VERIFIED
`ANSWER TO PLAINTIFFS’
`VERIFIED COMPLAINT,
`AFFIRMATIVE DEFENSES,
`CROSS-CLAIMS, AND
`ANSWERS TO CROSS-
`CLAIMS
`
`-------------------------------------------------------------------------x
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`
`
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`Defendant Redco Corporation, erroneously sued herein as “REDCO CORPORATION,
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`ind. and as suc. to F/K/A CRANE CO. AND IND. AND AS SUC. TO DEMING PUMP,
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`WEINMAN PUMP MANUFACTURING COMPANY, PACIFIC STEEL CORPORATION
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`AND THATCHER BOILER” (hereinafter “Redco Corp.”) through its undersigned counsel K&L
`
`Gates LLP, by way of a Verified Answer to Plaintiffs’ Verified Complaint, dated January 9,
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`2024, states as follows:
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`COMPLAINT
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`1.
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`Defendant Redco Corp. lacks knowledge or information sufficient to form a
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`belief as to the truth of the allegations contained in paragraph 1 of the Verified Complaint.
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`2.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 2, 3 and 4 of the Verified Complaint
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`3.
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`Defendant Redco Corp. lacks knowledge or information sufficient to form a
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`belief as to the truth of the allegations contained in paragraph 5 of the Verified Complaint.
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`4.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 6 and 7 of the Verified Complaint.
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`5.
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`No responsive pleading is required as to the allegations contained in paragraph 8
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`of the Complaint as it sets forth legal conclusions, but to the extent that any responsive pleading is
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`required, Redco Corp. denies each and every allegation contained in paragraph 8 of the Complaint.
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`6.
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`Defendant Redco Corp. lacks knowledge or information sufficient to form a
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`belief as to the truth of the allegations contained in paragraph 9 of the Complaint.
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`ANSWERING THE FIRST CAUSE OF ACTION
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`7.
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`Defendant Redco Corp. repeats and re-alleges its answers in response to
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`paragraphs 1 through 9 of the Verified Complaint as if fully set forth herein.
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`8.
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`Insofar the allegations contained in paragraph 10 do not pertain to defendant
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`Redco Corp., no response is required nor made thereto. Inasmuch as these allegations may be
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`construed as pertaining to Redco Corp., Redco Corp. denies each and every allegation contained
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`in paragraph 10 of the Verified Complaint.
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`9.
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`Defendant Redco Corp. lacks knowledge or information sufficient to form a
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`belief as to the truth of the allegations contained in paragraph 11 of the Verified Complaint.
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`10.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 12, 13, 14, 15, 16, 17(a)-(h), 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,
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`33(a)-(j), 34 and 35 of the Verified Complaint.
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`ANSWERING THE SECOND CAUSE OF ACTION
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`11.
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`Defendant Redco Corp. repeats and re-alleges its answers in response to
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`paragraphs 1 through 35 of the Verified Complaint as if fully set forth herein.
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`12.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 36, 37, 38 and 39 of the Verified Complaint.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`ANSWERING THE THIRD CAUSE OF ACTION
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`13.
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`Defendant Redco Corp. repeats and re-alleges its answers in response to
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`paragraphs 1 through 39 of the Verified Complaint as if fully set forth herein.
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`14.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 40 and 41 of the Verified Complaint.
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`ANSWERING THE FOURTH CAUSE OF ACTION
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`15.
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`Defendant Redco Corp. repeats and re-alleges its answers in response to
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`paragraphs 1 through 42 of the Verified Complaint as if fully set forth herein.
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`16.
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`Defendant Redco Corp. denies each and every allegation contained in
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`paragraphs 43, 44, 45, 46, 47, 48, 49, 50, 51, 52(a)-(l), 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64,
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`65, 66, 67 and 68 of the Verified Complaint.
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`ANSWERING THE FIFTH CAUSE OF ACTION
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`
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`17.
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`In response to paragraph 69 of the Verified Complaint, Defendant Redco Corp.
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`repeats and re-alleges its answers in response to paragraphs 1 through 68 of the Verified Complaint
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`as if fully set forth herein.
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`18.
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`Insofar as the allegations contained in paragraphs 70, 71, 72, 73, 74, 75, 76, 77,
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`78, 79, 80, 81 and 82 of the Verified Complaint do not pertain to defendant Redco Corp., no
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`response is required nor made thereto. Inasmuch as these allegations may be construed as
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`pertaining to Redco Corp., Redco Corp. denies each and every allegation contained in paragraphs
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`70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 and 82 of the Verified Complaint.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`ANSWERING THE SIXTH CAUSE OF ACTION
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`19. In response to paragraph 83 of the Verified Complaint, Defendant Redco Corp.
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`repeats and re-alleges its answers in response to paragraphs 1 through 82 of the Verified Complaint
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`as if fully set forth herein.
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`20. Insofar as the allegations contained in paragraphs 84, 85, 86, 87, 88, 89, 90,
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`91, 92, 93, 94, 95, 96, 97 and 98 of the Verified Complaint do not pertain to defendant Redco
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`Corp., no response is required nor made thereto. Inasmuch as these allegations may be construed
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`as pertaining to Redco Corp., Redco Corp. denies each and every allegation contained in
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`paragraphs 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97 and 98 of the Verified Complaint.
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`ANSWERING THE SEVENTH CAUSE OF ACTION
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`21. Defendant Redco Corp. repeats and re-alleges its answers in response to
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`paragraphs 1 through 99 of the Verified Complaint as if fully set forth herein.
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`22. Defendant Redco Corp. denies each and every allegation contained in paragraph
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`99 of the Verified Complaint.
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`AS AND FOR A FIRST AFFIRMATIVE DEFENSE
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`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`This Court did not acquire personal jurisdiction over Redco Corp. due to insufficiency of
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`service of process.
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`AS AND FOR A SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`This Court does not have personal, specific or general jurisdiction over Redco Corp.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`AS AND FOR A THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`In whole or in part, the Complaint fails to state a claim upon which relief can be granted.
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`AS AND FOR A FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The Complaint fails to contain allegations about, concerning, or directed at Redco Corp.
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`and therefore fails to state a claim against Redco Corp.
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`AS AND FOR A FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`There is no justiciable issue or controversy.
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`AS AND FOR A SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Plaintiffs’ claims are barred because of their failure to join necessary and indispensable
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`parties.
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`AS AND FOR A SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`To the extent that any Plaintiff herein seeks to maintain a claim for relief on behalf of any
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`decedent, such Plaintiff lacks authority, capacity and/or standing to maintain such claim for relief
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`against Redco Corp., including, but not limited to, the failure to allege sufficient facts to
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`demonstrate legal capacity to sue pursuant to New York Estates Powers and Trusts Law §5-1.1
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`to 5-4.6.
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`AS AND FOR AN EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Venue is improper in this county.
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`AS AND FOR A NINTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`The Claims asserted in the Complaint are barred by the doctrines of laches and estoppel
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`and waiver in that Redco Corp. has been substantially prejudiced by delay in filing of this action.
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`AS AND FOR A TENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The injuries and damages alleged in the Complaint were caused, in whole or in part, by
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`the negligence or other culpable conduct of the Plaintiffs, defendants, and/or non-parties, which
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`conduct constituted a supervening cause of the alleged injuries and damages.
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`AS AND FOR AN ELEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Insofar as the Complaint and each cause of action considered separately allege a cause of
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`action occurring before September 1, 1975, each such cause of action is barred by reason of the
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`culpable conduct attributable to Plaintiffs, including contributory negligence and assumption of
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`the risk.
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`AS AND FOR A TWELFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Insofar as the Complaint is premised upon claims accruing on or after the adoption of the
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`comparative fault standard to recover damages for personal injuries, the amount of damages
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`recoverable thereon must be diminished by reason of the culpable conduct attributable to any
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`Plaintiff or and defendant other than Redco Corp., including contributory negligence and
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`assumption of the risk, in the proportion to which culpable conduct attributable to any other party
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`bears to the culpable conduct which caused the damages.
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`AS AND FOR A THIRTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`The injuries and damages alleged by the Plaintiffs were caused, in whole or in part, by
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`the negligence or other culpable conduct of one or more persons or instrumentalities over which
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`Redco Corp. had no control, is not responsible, and with whom it had no legal relationship.
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`AS AND FOR A FOURTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any and all risks, hazards, defects, or dangers, alleged by Plaintiffs were either (i) open,
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`obvious and apparent, natural and inherent, and known or should have been known to the named
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`plaintiffs, or (ii) not within the knowledge of Redco Corp., and, therefore, all such risks, hazards,
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`defects and dangers were assumed.
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`AS AND FOR A FIFTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The lawsuit was not commenced by the Plaintiffs within the time prescribed by law and
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`the Plaintiffs, therefore, are barred from recovery pursuant to applicable statutes of limitations.
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`AS AND FOR A SIXTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`All claims brought under New York Law, L. 1986 c. 682 Section 4 (enacted July 31,
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`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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`AS AND FOR A SEVENTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Plaintiffs’ causes of action against Redco Corp. are barred or limited by and pursuant to
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`§§ 10, 11, and 29 of the Workers’ Compensation Law of the State of New York.
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`AS AND FOR AN EIGHTEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`To the extent that any alleged injury occurred in the context of an employer - employee
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`relationship, this action is barred by virtue of the provisions of the Workers Compensation Law,
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`including, but not limited to, the Omnibus Workers’ Compensation Reform Act, which amended
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`§ 11 of the Workers Compensation Law and the lack of a “grave” injury on the part of the named
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`plaintiffs.
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`AS AND FOR A NINETEENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any alleged acts or omissions of Redco Corp. were not a proximate cause of any injuries
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`or damages as alleged by Plaintiffs.
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`AS AND FOR A TWENTIETH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any asbestos-containing product associated with a Redco Corp. product that may have
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`been present at plaintiffs’ job locations were placed in any such location upon specification,
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`approval, or at the instruction of governmental or legislative agencies or bodies.
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`AS AND FOR A TWENTY-FIRST AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Plaintiffs’ claims are barred to the extent Redco Corp., in manufacturing, distributing,
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`and selling its products, followed the plans, specifications, and contracts set by a governmental
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`body and did not deviate from said plans, specifications and contracts.
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`AS AND FOR A TWENTY-SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any injuries or damages claimed by Plaintiffs that allegedly arose from exposure to
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`asbestos-containing products associated with equipment allegedly manufactured by Redco Corp.
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`(the "Equipment"), were caused, in whole or in part, by the improper use and operation of the
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`Equipment, rather than any defect in the design, manufacture, production, assemblage,
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`installation, testing, labeling, marketing, distribution, sale or inspection of the Equipment by
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`Redco Corp.
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`AS AND FOR A TWENTY-THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any injuries or damages claimed by Plaintiffs that allegedly arose from the Equipment
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`were caused by the alteration, misuse and/or improper maintenance of the Equipment by one or
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`more persons or instrumentalities other than Redco Corp., 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 Redco Corp.
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`AS AND FOR A TWENTY-FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The Equipment was not defective or dangerous at any time when defendant Redco Corp.
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`had possession or control of it.
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`AS AND FOR A TWENTY-FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. did not give, make, or otherwise extend warranties, whether express or
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`implied, upon which Plaintiffs can rely.
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`AS AND FOR A TWENTY-SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`To the extent that Plaintiffs’ claims have been revived by amendments to New York’s
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`Civil Practice Law and Rules, such claims can be no greater than what they were at the time
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`when they originally accrued. Therefore, Plaintiffs cannot rely on the doctrine of strict liability
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`in tort, and plaintiffs’ warranty claims are barred for lack of privity.
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`AS AND FOR A TWENTY-SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`RECEIVED NYSCEF: 02/22/2024
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`Any claims by Plaintiffs for breach of warranty are barred because there was a failure to
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`comply with the terms and conditions of any claimed warranty, including, but not limited to
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`failure to give proper notice, lack of duty, and compliance with any applicable provisions of the
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`Uniform Commercial Code.
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`AS AND FOR A TWENTY-EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any alleged oral warranties alleged by Plaintiffs are unavailable as violative of the
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`provisions of the applicable Statute of Frauds.
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`AS AND FOR A TWENTY-NINTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any injuries or damages claimed by Plaintiffs that allegedly arose from the use of a
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`product alleged to contain asbestos, which is specifically denied, Plaintiffs, Plaintiffs’ decedents,
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`other defendants or other parties not under the control of Redco Corp. misused, abused,
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`misapplied and otherwise mishandled the product alleged to contain asbestos. Therefore, the
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`amount of damages that may be recoverable must be diminished by the proportion that said
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`misuse, abuse, misapplication, and mishandling bears to the conduct which caused the alleged
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`damage or injury.
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`AS AND FOR A THIRTIETH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The allegations set forth in the Complaint do not state a claim against Redco Corp. to the
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`extent that Plaintiffs rely upon the doctrines of market share, alternate liability, or any other
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`theory providing for liability without proof of causation.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`AS AND FOR A THIRTY-FIRST AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`In the event it should be proven at the time of trial that all the defendants are subject to
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`market share liability, then Redco Corp.'s share of such liability would be of such a de minimis
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`amount as to make its contribution for damages negligible, and Redco Corp. would be entitled to
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`contribution, either in whole or in part, from co-defendants.
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`AS AND FOR A THIRTY-SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The asbestos-containing products alleged in the Complaint are products within the
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`meaning and scope of the Restatement of Torts Section 402A and as such the Complaint fails to
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`state a cause of action in strict liability.
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`AS AND FOR A THIRTY-THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. owed no duty to Plaintiffs or performed each and every duty, if any, owing
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`to Plaintiffs.
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`AS AND FOR A THIRTY-FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. had no knowledge or reason to know of any alleged risks associated with
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`asbestos and/or asbestos-containing products at any time during the periods complained of.
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`AS AND FOR A THIRTY-FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The Plaintiffs did not directly or indirectly purchase any asbestos-containing products or
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`materials from Redco Corp.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`AS AND FOR A THIRTY-SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. specifically denies that the Plaintiffs used or were exposed to any asbestos-
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`containing product manufactured, supplied, or specified for use by Redco Corp.; therefore,
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`Redco Corp. is not liable for any injuries or damage claimed by Plaintiffs.
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`AS AND FOR A THIRTY-SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`If Redco Corp. incorporated into its products any asbestos-containing materials supplied
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`by others, any asbestos fibers within such materials were fully encapsulated, were not friable,
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`and would not and did not cause the injuries or damages alleged.
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`AS AND FOR A THIRTY-EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any injuries or damages claimed by Plaintiffs that allegedly arose from an exposure to
`
`asbestos that was in any way associated with a product manufactured by Redco Corp., which is
`
`specifically denied, said exposure was de minimis and not a substantial contributing factor to any
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`asbestos-related disease as alleged in the Complaint and not actionable at law or equity.
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`AS AND FOR A THIRTY-NINTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Any exposure to asbestos fibers that may, in any way, be associated with a product
`
`manufactured by Redco Corp., which is specifically denied, is so minimal as to be insufficient to
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`establish to a reasonable degree of probability that such exposures are capable of causing injury
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`or damages and must be considered speculative as a matter of law.
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`AS AND FOR A FORTIETH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`If Redco Corp. was on notice of any hazard or defect for which the Plaintiffs seek relief,
`
`which is specifically denied, the named Plaintiffs also had such notice and is thereby barred from
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`recovery.
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`AS AND FOR A FORTY-FIRST AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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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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`AS AND FOR A FORTY-SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`None of the alleged injuries or damages was foreseeable during any time periods at issue
`
`as alleged in the Complaint.
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`AS AND FOR A FORTY-THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The alleged injuries suffered by the Plaintiffs are due to an idiosyncratic reaction, and as
`
`such, Redco Corp. is not responsible for such injuries.
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`AS AND FOR A FORTY-FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. was not under any duty to warn purchasers, those who performed work, or
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`those under their control, who were in a better position to warn; if warning was required, their
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`failure to do so was a superseding proximate cause of injury.
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`AS AND FOR A FORTY-FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The named Plaintiffs were warned of risks associated with exposure from use of
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`asbestos-containing materials.
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`AS AND FOR A FORTY-SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Plaintiffs’ claims are barred as a matter of public policy, because social utility and benefit
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`of asbestos-containing products outweighed the risk.
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`AS AND FOR A FORTY-SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Plaintiffs failed to take reasonable steps to mitigate any alleged injuries or damages;
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`Redco Corp. bears no liability for damages or injuries that would otherwise have been avoided or
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`prevented.
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`AS AND FOR A FORTY-EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The allegations set forth in the Complaint do not state a claim against Redco Corp. that
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`will authorize or entitle Plaintiffs to recover punitive or exemplary damages.
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`AS AND FOR A FORTY-NINTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`To the extent that Plaintiffs seek punitive damages against Redco Corp., such damages
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`are improper, unwarranted, not authorized by law, and are unconstitutional in the context of this
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`litigation. Subjecting Redco Corp. to multiple trials and multiple imposition of punitive damages
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`for the same alleged course of conduct is a violation of both substantive and procedural due
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`process under the United States Constitution and the Constitution of the State of New York. The
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`standard for the imposition of an award for punitive damages is constitutionally void for
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`310842815.1
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`vagueness. Also, the imposition of an award for punitive damages in the context of this litigation
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`results in an unconstitutional denial of due process.
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`AS AND FOR A FIFTIETH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`To the extent that Plaintiffs seek punitive damages against Redco Corp., the award of
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`such damages in this litigation are barred by the proscription of the Eighth Amendment to the
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`United States Constitution, as applied to the states through the Fourteenth Amendment, and
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`Article I, Section 5 of the New York State Constitution prohibiting the imposition of excessive
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`fines.
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`AS AND FOR A FIFTY-FIRST AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The injuries allegedly suffered by the Plaintiffs, if any and which are specifically denied,
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`were the result of culpable conduct or fault of third persons for whose conduct Redco Corp. is not
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`legally responsible, and the damages recovered by the plaintiffs, if any, should be diminished or
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`reduced in the proportion to which the culpable conduct bears on the total culpable conduct causing
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`the damages. Any liability on the part of Redco Corp., which liability is specifically denied, is
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`fifty-percent or less of the liability of all persons who are the cause of the alleged injuries, if any,
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`and the liability of Redco Corp. for non-economic loss does not exceed Redco Corp.’s equitable
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`share of the liability determined in accordance with the relative culpability of each person causing
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`or contributing to the total liability for non-economic loss pursuant to CPLR §§ 1601 through 1603.
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`AS AND FOR A FIFTY-SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`This action does not fall within one or more of the exceptions set forth in CPLR § 1602 and
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`Redco Corp. is responsible only for its pro rata share of any verdict that may be rendered against it.
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`310842815.1
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
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`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/22/2024
`
`AS AND FOR A FIFTY-THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
`
`In the event of any judgment or verdict on behalf of the Plaintiffs, Redco Corp. is entitled
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`to a set-off of the verdict by the amount of any payments made to the Plaintiffs for medical and
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`other expenses prior or subsequent thereto pursuant to CPLR § 4545.
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`AS AND FOR A FIFTY-FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`
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`Any verdict or judgment against any defendant, including Redco Corp., is entitled
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`to a reduction pursuant to General Obligations Law § 15-108, on the basis of any and all prior
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`settlements and compromises.
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`AS AND FOR A FIFTY-FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`At all times relevant to this litigation, this defendant complied with all applicable law,
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`regulations and standards.
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`AS AND FOR A FIFTY-SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`That at all times relevant to Plaintiffs’ allegations, the agents, servants and/or employees
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`of Redco Corp. utilized proper methods in the conduct of its operations, in conformity with the
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`available knowledge, research, and state of the art of the scientific and industrial communities.
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`AS AND FOR A FIFTY-SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`That at all times relevant to Plaintiffs’ allegations, the state of the medical and industrial
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`art was such that there was no generally accepted or recognized knowledge of any unavoidable,
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`unsafe, inherently dangerous, or hazardous character or nature of asbestos-containing material
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`when used in the manner and purpose arising from the allegations of the Complaint and,
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`310842815.1
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 02/22/2024
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`therefore, there was no duty owed on the part of Redco Corp. to know of any such character or
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`nature or to warn or protect Plaintiffs or others similarly situated.
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`AS AND FOR A FIFTY-EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
`
`The named Plaintiffs contributed to the illnesses alleged, either in whole or in part, by
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`exposure to or the use of tobacco products and/or other substances, products, medications or
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`drugs.
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`AS AND FOR A FIFTY-NINTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Some or all of the causes of action may not be maintained because of arbitration and
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`award, collateral estoppel, a discharge in bankruptcy, infancy (or some other disability) of the
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`Plaintiffs, payment and release, and/or res judicata.
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`AS AND FOR A SIXTIETH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The damages allegedly sustained by the plaintiffs were caused, in whole or in part,
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`through the operation of nature.
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`AS AND FOR A SIXTY-FIRST AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`All defenses which have been or will be asserted by other defendants and/or any
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`defendants in this action are adopted and incorporated by reference as if fully set forth at length
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`herein as defenses to plaintiffs’ Complaint. In addition, Redco Corp. will rely upon any and all
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`other further defenses which become available or appear during discovery proceedings in this
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`action and hereby specifically reserves the right to amend its answer for the purposes of asserting
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`any such additional affirmative defenses.
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`310842815.1
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/22/2024
`
`AS AND FOR A SIXTY-SECOND AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
`
`To the extent that Plaintiffs allege successor-in-interest liability, Redco Corp. denies that
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`is liable for any alleged wrongdoing by any alleged predecessor entities.
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`AS AND FOR A SIXTY-THIRD AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
`
`At all relevant times, Plaintiffs and Plaintiffs’ employers were sophisticated users of
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`asbestos, therefore, Redco Corp. had no duty to warn Plaintiffs.
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`AS AND FOR A SIXTY-FOURTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
`
`Plaintiffs failed to plead any basis for claims of misrepresentation, deliberate
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`concealment or fraud against Redco Corp. and have failed to plead any such claims with the
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`specificity required by the CPLR.
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`AS AND FOR A SIXTY-FIFTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. denies that it willfully, wantonly, or intentionally withheld or prevented the
`
`dissemination of information concerning the alleged hazards of asbestos products and further
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`denies that was guilty of fraudulent misrepresentations to the Plaintiffs and members of the
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`general public, and further denies that it conspired with anyone to withhold such information
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`from the Plaintiffs and other members of the general public.
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`AS AND FOR A SIXTY-SIXTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. had no knowledge or reason to know of any other defendant's knowledge or
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`actions and therefore bears no liability for other parties or non-parties who may have acted in
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`concert.
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`310842815.1
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`FILED: NEW YORK COUNTY CLERK 02/22/2024 04:04 PM
`NYSCEF DOC. NO. 42
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 02/22/2024
`
`AS AND FOR A SIXTY-SEVENTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`Redco Corp. is entitled to rely on the learned intermediary defense.
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`AS AND FOR A SIXTY-EIGHTH AFFIRMATIVE DEFENSE
`REDCO CORP. ALLEGES UPON INFORMATION AND BELIEF
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`The Plaintiffs’ employers, their agents, servants, employees and/or directors failed to act
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`in a manner consistent with an employer's non-delegable du