`w w ="; =:t"
`I "I
`3 4 .D 3
`3
`DEN N EH EY
`
`.........
`.............
`.......
`
`.....................
`.........
`.......
`" .,:.J
`.........................
`
`z i
`
`175 Pinelawn Road • Suite 250 • Melville, NY 11747
`
`Anna M. DiLonardo
`amdilonardo@mdwc2.com
`(631)232-6130
`
`March 6, 2024
`
`Matthew Park
`The Early Law Firm, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`Re:
`
`DENNIS KILKENNY AND PATRICIA KILKENNY vs.
`Morse TEC LLC
`INDEX # 190011/2024 . October 2024
`
`Dear Matt:
`
`We hereby provide notice of the lack of product identification as against the above
`referenced defendant.
`
`We have reviewed the discovery provided to date and believe that this plaintiff has not
`or
`identified exposure to any asbestos-containing product manufactured, sold, distributed
`otherwise furnished by the above referenced defendant. Accordingly enclosed please find an
`Unopposed Summary Judgment Motion. Kindly execute and return to the undersigned at your
`earliest convenience. If you decline, please advise us as to the basis of plaintiff's claims against
`our client.
`
`We appreciate your prompt attention to this matter.
`please feel Ii~ee to contact the undersigned.
`
`Should you have any questions
`
`Veqgtruly yours,
`
`Ann'a M. DiLonardo
`
`Enc.
`
`cc: All known defense counsel via NYSCEF
`
`5
`
`
`
`SUPREME COURT OF THE STATE OF NEWYORK
`COUNTY OF NEWYORK
`
`IN RE: NEW YORK CITY ASBESTOS LITIGATION
`
`THIS DOCUMENT RELATES TO;
`
`DENNIS KILKENNYAND PATRICl/\ KILKENNY
`
`Index No. 190011/2024
`
`UNOPPOSED SUMMARY
`JUDGMENT MOTION
`AND ORDER
`
`WHEREFORE, defendant, Morse TEC LLC f/k/a BorgWarner Morse TEC LLC as
`successor-by-merger to Borg-Warner Corporation ("Morse TEC"), hereby requests summary
`judgment in the above entitled action, pursuant to Civil Practice Law and Rules § 3212,
`dismissing the complaint and cross-claims against defendant, Morse TEC, with prejudice, and
`after notice to all co-defendants there is no opposition,
`
`ORDERED, that all claims and cross claims against defendant Morse TEC, are
`dismissed with prejudice and without costs.
`
`DATED:
`
`By: Matthew Park
`Attorneys for Plaintiff
`The Early Law Firm, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`IL¢¢L"Q 8 »40/2
`\--1,
`By: Anna M. D Lonardo
`
`Attorneys for Defendant
`Morse TEC LLC
`Marshall Dennehey, P.C.
`175 Pinelawn Road, Suite 250
`Melville, NY 11747
`
`Hon. Adam Silvera J.S.C.
`
`SO ORDERED,
`
`il
`
`
`
`AFFIDAVIT OF SERVICE
`
`STATE OF NEW YORK )
`
`COUNTY OF SUFFOLK )
`
`:ss.
`
`Steve Hudzik, being duly sworn, deposes and says that I am not a party to the within
`action, am over 18 years of age and reside in Suffolk, New York.
`
`That on the 6th day of March, 2024, deponent served the within UNOPPOSED
`SUMMARYJUDGMENT MOTION via NYSCEF and first class mail upon:
`
`Matthew Park
`The Early Law Firm, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
`
`And the deponent also served the within UNOPPOSED SUMMARY JUDGMENT
`MOTION upon:
`
`ALL KNOWN DEFENSE COUNSEL
`
`By transmitting the papers upon ail parties as appearing on the Supreme Court, State of
`New York Electronic filing website at the e-maii designated by said parties.
`
`Steve Hudzik
`
`/ ` \
`
`Sworn to before me on this
`6th
`of March. 2024
`
`Notary Pu$Ii
`ABDURF-RASHEED JASUR
`Notary public, State of New York
`No. 01445134663
`Qualified in Suffolk County
`Commission Expires October 3, 2025
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
