`NEW YORK, NEW YORK 10004
`(212) 509-3456 – TELEPHONE
`(212) 509-4420 – FACSIMILE
`www.mkclaw.us.com
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`March 5, 2024
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`Matthew Park, Esq.
`THE EARLY LAW FIRM, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`Re: New York City Asbestos Litigation
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`Plaintiffs:
`Dennis Kilkenny and Patricia Kilkenny
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`Index No.:
`190011/2024
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`Dear Mr. Park:
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`Enclosed please find Unopposed Summary Judgment Motion and Order forwarded on
`behalf of our client FLOWSERVE CORPORATION F/K/A THE DURIRON COMPANY,
`INC. Our client has not been identified in any way during the discovery process. We ask that
`you kindly execute the enclosed documents and return one original to the undersigned.
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`Thank you for your kind attention to this matter.
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`Very truly yours,
`MCGIVNEY, KLUGER, CLARK & INTOCCIA, P.C.
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`Keith M. O’Connor
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` BY: _________________________________
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`Keith M. O’Connor, Esq.
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`KMO/csp
`Enclosure
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`cc: All Known Defense Counsel via NYSCEF and via email
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`{N1406052-1}
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
`IN RE: NEW YORK CITY
` ASBESTOS LITIGATION
`
`DENNIS KILKENNY AND PATRICIA KILKENNY,
` Plaintiffs,
`
` -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,
`
`NYCAL
`I.A.S. Part 13
`(Silvera, A.)
`
`Index No.: 190011/2024
`
`
`UNOPPOSED SUMMARY
`JUDGMENT MOTION AND
`ORDER
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`
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`WHEREFORE, defendant, FLOWSERVE CORPORATION F/K/A THE DURIRON
`COMPANY, INC. improperly pled as FLOWSERVE US, INC. ind. and as suc. to EDWARD
`VALVES, INC., ROCKWELL MANUFACTURING INC., GESTRA INC., ALDRICH PUMPS,
`DURCO PUMPS, CAMERON PUMPS, VOGT VALVES NORDSTROM VALVES, AND
`WILSION-SYNDER CENTRIGUGAL PUMPS
`(hereinafter known as “FLOWSERVE
`CORPORATION F/K/A THE DURIRON COMPANY, INC.”), requests summary judgment in the
`above-entitled action, pursuant to Civil Practice Law and Rules § 3212, dismissing the complaint and
`cross-claims against FLOWSERVE CORPORATION F/K/A THE DURIRON COMPANY, INC.,
`with prejudice, and after notice to all co-defendants there is no opposition, it is
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`ORDERED that all claims and cross claims against defendant FLOWSERVE CORPORATION
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`F/K/A THE DURIRON COMPANY, INC., are dismissed with prejudice and without costs.
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`Dated: New York, New York
`
`____________, 2024
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`Matthew Park, Esq.
`THE EARLY LAW FIRM, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`Attorneys for Plaintiff(s)
`Tel: (212) 986-2233
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`SO ORDERED,
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`Hon. Adam Silvera
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`{N1406052-1}
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`Keith M. O’Connor
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`Keith M. O’Connor, Esq.
`Attorney for Defendant
`FLOWSERVE CORPORATION F/K/A THE
`DURIRON COMPANY, INC.
`MCGIVNEY KLUGER CLARK &
`INTOCCIA, P.C.
`33 Whitehall Street, 16th Floor
`New York, New York 10004
`(212) 509-3456
`
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`I HEREBY CERTIFY that on the 5th day of March, 2024, a copy of the
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`CERTIFICATE OF SERVICE
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`foregoing Proposed Unopposed Summary Judgment Motion and Order of FLOWSERVE
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`CORPORATION F/K/A THE DURIRON COMPANY, INC., was filed electronically this
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`day and is available for viewing from the Court’s ECF system. Notice of this filing will be sent
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`to all counsel of record via the Court’s ECF system.
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`Cassandra Peterson
`Cassandra Peterson
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`{N1406052-1}
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`951-1117
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