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`D E N N E H E Y
`
`175 Pinelawn Road • Suite 250 ¢ Melville, NY 11747
`
`Anna M. DiLonardo
`amdilonardo@mdwc,q.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 FATRICIA KILKENNY vs.
`Leviton Manufacturing Company, Inc.
`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 150 dale and believe that this plaintiff has not
`identified exposure to any asbestos~containing product manufactured, sold, distributed or
`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 plaintiffs claims against
`our client.
`
`We appreciate your prompt attention to this matter.
`please feel free to contact the undersigned.
`
`Should you have any questions
`
`Very,9;uly yours,
`
`Anna M. DiLonardo
`
`Enc.
`
`cc: All known defense counsel via NYSCEF
`
`
`
`SUPREME COURT OF THE STATE OF NEWYORK
`COUNTYOF NEWYORK
`
`IN RE: NEW YORK CITY ASBESTOS LITIGATION
`
`THIS DOCUMENT RELATES TO:
`
`DENNIS KILKENNYAND PATRICIA KILKENNY
`
`Index No. 190011/2024
`
`UNOPPOSED SUMMARY
`JUDGMENT MOTION
`AND ORDER
`
`WHEREFORE, defendant, Leviton Manufacturing Co., Inc, 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, Leviton Manufacturing Co., Inc,
`with prejudice, and after notice to all co-defendants there is no opposition,
`
`ORDERED, that all claims and cross claims against defendant Leviton Manufacturing
`Co., Inc, 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
`
`B;Anna M. UiLona'rdo
`
`Attorneys for Defendant
`Leviton Manufacturing Co., Inc
`Marshall Dennehey, P.C,
`175 Pinelawn Road, Suite 250
`Melville, NY 11747
`
`SO ORDERED,
`
`Hon. Adam Silvera J.S.C.
`
`
`
`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 all parties as appearing on the Supreme Court, State of
`New York Electronic filing website at the e-mail designated by said arties.
`
`.*
`
`eve Hudzik
`
`Sworn to before me on this
`rch. 2024
`
`Notary PuMI
`ABDUL-RASHEED JASUR
`Notary Pump, State of New York
`No. 01JA6"K34663
`Qualified in Suffolk County
`Commission Expires October 3, 2025
`
`