`NYSCEF DOC. NO. 59
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 03/05/2024
`
`
`
`
`
`
`
`
`
`Helane Solomon
`212.651.7466
`hsolomon@smsm.com
`
`
`
`
`
`
`
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`
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`March 5, 2024
`
`VIA EMAIL AND NYSCEF
`Matthew Park, Esq.
`The Early Law Firm, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`
`Re: Dennis Kilkenny and Patricia Kilkenny v. AII Acquisition, LLC, et al.
` County of New York - Index No.: 190011/2024
`
`Dear Mr. Park:
`
`
`This office represents BW/IP, Inc. and Its Wholly-Owned Subsidiaries (incorrectly named
`as “BW/IP INTERNATIONAL COMPANY” and “BW/IP INTERNATIONAL CORPORATION
`(formerly BORG WARNER INDUSTRIAL PRODUCTS) ind. and as suc. to SUCCESSOR IN
`INTEREST TO BYRON JACKSON PUMPS”) (“BW/IP”) in the above-referenced matter. Based
`on a review of all discovery served in this matter, and all depositions, there has been no product
`identification of BW/IP in this action. In accordance with the Case Management Order, kindly
`sign and return the enclosed Unopposed Summary Judgment Motion and Order for filing with the
`Court.
`
`
`Alternatively, if you do not choose to execute this Unopposed Summary Judgment Motion
`and Order, please provide us in writing your basis for continuing litigation against our client.
`
`Thank you for your anticipated prompt attention to this matter. Feel free to call me if you
`have any questions.
`
`Very truly yours,
`SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD.
`
`/s/Helane Solomon
`
`Helane Solomon
`
`Encl.
`
`cc: Defense Counsel via NYSCEF
`
`
`
`777 Third Avenue Suite 2400 | New York, New York 10017 | 212.651.7500 | SegalMcCambridge.com
`
`1 of 2
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`FILED: NEW YORK COUNTY CLERK 03/05/2024 09:23 AM
`NYSCEF DOC. NO. 59
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`-------------------------------------------------------------------------x
`IN RE: NEW YORK CITY
`
`
`
`ASBESTOS LITIGATION
`
`
`
`
`-------------------------------------------------------------------------x
`DENNIS KILKENNY and PATRICIA KILKENNY,
`
` Plaintiffs,
`
`INDEX NO. 190011/2024
`
`RECEIVED NYSCEF: 03/05/2024
`NYCAL
`I.A.S. Part 13
`
`Index No.: 190011/2024
`
`UNOPPOSED
`SUMMARY
`JUDGMENT MOTION
`AND ORDER
`
`
`
`- against –
`
`AII ACQUISITION, LLC, F/K/A AII ACQUISITION
`CORP., F/K/A ATHLONE INDUSTRIES, INC., F/K/A
`HOLLAND FURNACE COMPANY, et al.,
`
` Defendants.
`------------------------------------------------------------------------x
`WHEREFORE, defendant BW/IP, Inc. and Its Wholly-Owned Subsidiaries (incorrectly
`
`
`
`named as “BW/IP INTERNATIONAL COMPANY” and “BW/IP INTERNATIONAL
`
`CORPORATION (formerly BORG WARNER INDUSTRIAL PRODUCTS) ind. and as suc. to
`
`SUCCESSOR IN INTEREST TO BYRON JACKSON PUMPS”) (“BW/IP”) requests summary
`
`judgment in the above-entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing
`
`the complaint and cross-claims against BW/IP with prejudice, and after notice to all co-defendants
`
`there is no opposition, it is
`
`ORDERED that all claims and cross-claims against defendant BW/IP are dismissed with
`
`prejudice and without costs.
`
`Dated: New York, NY
`
`
`
`
`
`__________________
`
`__________________________________
`Matthew Park, Esq.
`THE EARLY FIRM, LLC
`Attorneys for Plaintiffs
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`
`__________________________________
`Andrew J. Wells, Esq.
`SEGAL McCAMBRIDGE SINGER &
`MAHONEY, LTD.
`Attorneys for Defendant BW/IP, Inc. and its
`Wholly-Owned Subsidiaries
`777 Third Avenue, Suite 2400
`New York, NY 10017
`
`
`
`SO ORDERED, ________________________________
`
`
`
`Hon. Adam Silvera, J.S.C.
`
`
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`2 of 2
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