FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NEW YORK
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`DENNIS KILKENNY AND PATRICIA
`KILKENNY,
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`Plaintiffs,
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`-against-
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`AII ACQUISITION, LLC, F/K/A AII
`ACQUISITION CORP., F/K/A ATHLONE
`INDUSTRIES, INC., F/K/A HOLLAND
`FURNACE COMPANY, et al.
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` Defendants.
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`X
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`X
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`Index No. 190011/2024
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`ANSWER TO PLAINTIFFS(cid:146) THIRD
`AMENDED COMPLAINT
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`
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`Defendant WILSON-SNYDER PUMPS, improperly pled herein as (cid:147)Flowserve US, Inc.
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`ind. and as suc. to Edward Valves, Inc., Rockwell Manufacturing Inc., Gestra Inc., Aldrich Pumps,
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`Durco Pumps, Cameron Pumps, Vogt Valves, Nordstrom Valves, and Wilson-Snyder Centrifugal
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`Pumps(cid:148) by its attorneys, Landman Corsi Ballaine & Ford P.C., hereby Answer Plaintiffs(cid:146) Third
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`Amended Complaint herein as follows:
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`1.
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`Wilson-Snyder Pumps lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 1.
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`2.
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`Wilson-Snyder Pumps denies the allegations contained in Paragraph 2, except
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`admits that Wilson-Snyder Pumps conducts business in New York and lacks knowledge or
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`information sufficient to form a belief as to the truth of the allegations contained in Paragraph 2 as
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`they pertain to other defendants.
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`3.
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`Wilson-Snyder Pumps denies the allegations contained in Paragraph 3 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 3 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`4.
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`Wilson-Snyder Pumps avers that Paragraph 4 contains conclusions of law to which
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`no response is required. To the extent a response is required, the allegations are denied.
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`5.
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`Wilson-Snyder Pumps denies the allegations contained in Paragraph 5 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 5 as they pertain to other defendants.
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`6.
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`Wilson-Snyder Pumps denies the allegations contained in Paragraph 6 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 6 as they pertain to other defendants.
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`7.
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`Wilson-Snyder Pumps denies the allegations contained in Paragraph 7 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 7 as they pertain to other defendants.
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`8.
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`Wilson-Snyder Pumps avers that Paragraph 8 contains conclusions of law to which
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`no response is required. To the extent a response is required, the allegations are denied.
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`9.
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`Wilson-Snyder Pumps avers that Paragraph 9 contains conclusions of law to which
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`no response is required. To the extent a response is required, the allegations are denied.
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`FIRST CAUSE OF ACTION
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`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
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`Paragraphs 1 through 9 as though set forth at length herein.
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`10. Wilson-Snyder Pumps denies the allegations contained in Paragraph 10 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 10 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`11. Wilson-Snyder Pumps denies the allegations contained in Paragraph 11 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 11 as they pertain to other defendants.
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`12. Wilson-Snyder Pumps denies the allegations contained in Paragraph 12 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 12 as they pertain to other defendants.
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`13. Wilson-Snyder Pumps denies the allegations contained in Paragraph 13 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 13 as they pertain to other defendants.
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`14. Wilson-Snyder Pumps denies the allegations contained in Paragraph 14 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 14 as they pertain to other defendants.
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`15. Wilson-Snyder Pumps denies the allegations contained in Paragraph 15 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 15 as they pertain to other defendants.
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`16. Wilson-Snyder Pumps denies the allegations contained in Paragraph 16 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 16 as they pertain to other defendants.
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`17. Wilson-Snyder Pumps denies the allegations contained in Paragraph 17 as they
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`pertain to Wilson-Snyder Pumps, and its subparts (a) through (h), except lacks knowledge or
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`information sufficient to form a belief as to the truth of the allegations contained in Paragraph 17
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`as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`18. Wilson-Snyder Pumps denies the allegations contained in Paragraph 18 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 18 as they pertain to other defendants.
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`19. Wilson-Snyder Pumps denies the allegations contained in Paragraph 19 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 19 as they pertain to other defendants.
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`20. Wilson-Snyder Pumps denies the allegations contained in Paragraph 20 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 20 as they pertain to other defendants.
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`21. Wilson-Snyder Pumps denies the allegations contained in Paragraph 21 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 21 as they pertain to other defendants.
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`22. Wilson-Snyder Pumps denies the allegations contained in Paragraph 22 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 22 as they pertain to other defendants.
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`23. Wilson-Snyder Pumps denies the allegations contained in Paragraph 23 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 23 as they pertain to other defendants.
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`24. Wilson-Snyder Pumps denies the allegations contained in Paragraph 24 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 24 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`25. Wilson-Snyder Pumps denies the allegations contained in Paragraph 25 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 25 as they pertain to other defendants.
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`26. Wilson-Snyder Pumps denies the allegations contained in Paragraph 26 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 26 as they pertain to other defendants.
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`27. Wilson-Snyder Pumps denies the allegations contained in Paragraph 27 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 27 as they pertain to other defendants.
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`28. Wilson-Snyder Pumps denies the allegations contained in Paragraph 28 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 28 as they pertain to other defendants.
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`29. Wilson-Snyder Pumps denies the allegations contained in Paragraph 29 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 29 as they pertain to other defendants.
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`30. Wilson-Snyder Pumps denies the allegations contained in Paragraph 30 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 30 as they pertain to other defendants.
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`31. Wilson-Snyder Pumps denies the allegations contained in Paragraph 31 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 31 as they pertain to other defendants.
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`32. Wilson-Snyder Pumps avers that Paragraph 32 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`33. Wilson-Snyder Pumps denies the allegations contained in Paragraph 33 as they
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`pertain to Wilson-Snyder Pumps, and its subparts (a) through (j), except lacks knowledge or
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`information sufficient to form a belief as to the truth of the allegations contained in Paragraph 33
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`as they pertain to other defendants.
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`34. Wilson-Snyder Pumps avers that Paragraph 34 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`35. Wilson-Snyder Pumps denies the allegations contained in Paragraph 35 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 35 as they pertain to other defendants.
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`SECOND CAUSE OF ACTION
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`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
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`Paragraphs 1 through 35 as though set forth at length herein.
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`36. Wilson-Snyder Pumps denies the allegations contained in Paragraph 36 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 36 as they pertain to other defendants.
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`37. Wilson-Snyder Pumps avers that Paragraph 37 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`38. Wilson-Snyder Pumps denies the allegations contained in Paragraph 38 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 38 as they pertain to other defendants.
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`39. Wilson-Snyder Pumps denies the allegations contained in Paragraph 39 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 39 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`THIRD CAUSE OF ACTION
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`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
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`Paragraphs 1 through 39 as though set forth at length herein.
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`40. Wilson-Snyder Pumps denies the allegations contained in Paragraph 40 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 40 as they pertain to other defendants.
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`41. Wilson-Snyder Pumps avers that Paragraph 41 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`FOURTH CAUSE OF ACTION
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`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
`
`Paragraphs 1 through 41 as though set forth at length herein.
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`42. Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained
`
`in Paragraphs 1 through 41 as though set forth at length herein.
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`43. Wilson-Snyder Pumps avers that Paragraph 43 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`44. Wilson-Snyder Pumps avers that Paragraph 44 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`45. Wilson-Snyder Pumps avers that Paragraph 45 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`46. Wilson-Snyder Pumps denies the allegations contained in Paragraph 46 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 46 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`47. Wilson-Snyder Pumps denies the allegations contained in Paragraph 47 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 47 as they pertain to other defendants.
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`48. Wilson-Snyder Pumps denies the allegations contained in Paragraph 48 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 48 as they pertain to other defendants.
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`49. Wilson-Snyder Pumps denies the allegations contained in Paragraph 49 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 49 as they pertain to other defendants.
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`50. Wilson-Snyder Pumps denies the allegations contained in Paragraph 50 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 50 as they pertain to other defendants.
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`51. Wilson-Snyder Pumps denies the allegations contained in Paragraph 51 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 51 as they pertain to other defendants.
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`52. Wilson-Snyder Pumps denies the allegations contained in Paragraph 52 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 52 as they pertain to other defendants.
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`53. Wilson-Snyder Pumps avers that Paragraph 53 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`54. Wilson-Snyder Pumps avers that Paragraph 54 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`55. Wilson-Snyder Pumps avers that Paragraph 55 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`56. Wilson-Snyder Pumps avers that Paragraph 56 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`57. Wilson-Snyder Pumps avers that Paragraph 57 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`58. Wilson-Snyder Pumps denies the allegations contained in Paragraph 58 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 58 as they pertain to other defendants.
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`59. Wilson-Snyder Pumps denies the allegations contained in Paragraph 59 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 59 as they pertain to other defendants.
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`60. Wilson-Snyder Pumps denies the allegations contained in Paragraph 60 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 60 as they pertain to other defendants.
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`61. Wilson-Snyder Pumps denies the allegations contained in Paragraph 61 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 61 as they pertain to other defendants.
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`62. Wilson-Snyder Pumps denies the allegations contained in Paragraph 62 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 62 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`63. Wilson-Snyder Pumps denies the allegations contained in Paragraph 63 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 63 as they pertain to other defendants.
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`64. Wilson-Snyder Pumps denies the allegations contained in Paragraph 64 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 64 as they pertain to other defendants.
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`65. Wilson-Snyder Pum.ps avers that Paragraph 65 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`66. Wilson-Snyder Pumps denies the allegations contained in Paragraph 66 as they
`
`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 66 as they pertain to other defendants.
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`67. Wilson-Snyder Pumps lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 67.
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`68. Wilson-Snyder Pumps denies the allegations contained in Paragraph 68 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 68 as they pertain to other defendants.
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`FIFTH CAUSE OF ACTION
`
`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
`
`Paragraphs 1 through 68 as though set forth at length herein.
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`69. Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained
`
`in Paragraphs 1 through 68 as though set forth at length herein.
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`70. Wilson-Snyder Pumps avers that Paragraph 70 contains conclusions of law to
`
`which no response is required. To the extent a response is required, the allegations are denied.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`71. Wilson-Snyder Pumps denies the allegations contained in Paragraph 71 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 71 as they pertain to other defendants.
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`72. Wilson-Snyder Pumps denies the allegations contained in Paragraph 72 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 72 as they pertain to other defendants.
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`73. Wilson-Snyder Pumps denies the allegations contained in Paragraph 73 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 73 as they pertain to other defendants.
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`74. Wilson-Snyder Pumps denies the allegations contained in Paragraph 74 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 74 as they pertain to other defendants.
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`75. Wilson-Snyder Pumps denies the allegations contained in Paragraph 75 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 75 as they pertain to other defendants.
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`76. Wilson-Snyder Pumps denies the allegations contained in Paragraph 76 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 76 as they pertain to other defendants.
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`77. Wilson-Snyder Pumps denies the allegations contained in Paragraph 77 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 77 as they pertain to other defendants.
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`78. Wilson-Snyder Pumps avers that Paragraph 78 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`
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`79. Wilson-Snyder Pumps avers that Paragraph 79 contains conclusions of law to
`
`which no response is required. To the extent a response is required, the allegations are denied.
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`80. Wilson-Snyder Pumps avers that Paragraph 80 contains conclusions of law to
`
`which no response is required. To the extent a response is required, the allegations are denied.
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`81. Wilson-Snyder Pumps avers that Paragraph 81 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`82. Wilson-Snyder Pumps avers that Paragraph 82 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`SIXTH CAUSE OF ACTION
`
`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
`
`Paragraphs 1 through 82 as though set forth at length herein.
`
`83. Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained
`
`in Paragraphs 1 through 82 as though set forth at length herein.
`
`84. Wilson-Snyder Pumps denies the allegations contained in Paragraph 84 as they
`
`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 84 as they pertain to other defendants.
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`85. Wilson-Snyder Pumps avers that Paragraph 85 contains conclusions of law to
`
`which no response is required. To the extent a response is required, the allegations are denied.
`
`86. Wilson-Snyder Pumps denies the allegations contained in Paragraph 86 as they
`
`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
`
`as to the truth of the allegations contained in Paragraph 86 as they pertain to other defendants.
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`87. Wilson-Snyder Pumps avers that Paragraph 87 contains conclusions of law to
`
`which no response is required. To the extent a response is required, the allegations are denied.
`
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`88. Wilson-Snyder Pumps avers that Paragraph 88 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`89. Wilson-Snyder Pumps avers that Paragraph 89 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`90. Wilson-Snyder Pumps avers that Paragraph 90 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`91. Wilson-Snyder Pumps avers that Paragraph 91 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`92. Wilson-Snyder Pumps lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 92.
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`93. Wilson-Snyder Pumps lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 93.
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`94. Wilson-Snyder Pumps lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 94.
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`95. Wilson-Snyder Pumps denies the allegations contained in Paragraph 95 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 95 as they pertain to other defendants.
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`96. Wilson-Snyder Pumps denies the allegations contained in Paragraph 96 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 96 as they pertain to other defendants.
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`97. Wilson-Snyder Pumps denies the allegations contained in Paragraph 97 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 97 as they pertain to other defendants.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`98. Wilson-Snyder Pumps avers that Paragraph 98 contains conclusions of law to
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`which no response is required. To the extent a response is required, the allegations are denied.
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`SEVENTH CAUSE OF ACTION
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`Wilson-Snyder Pumps repeats and realleges its answers to the allegations contained in
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`Paragraphs 1 through 98 as though set forth at length herein.
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`99. Wilson-Snyder Pumps denies the allegations contained in Paragraph 99 as they
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`pertain to Wilson-Snyder Pumps, except lacks knowledge or information sufficient to form a belief
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`as to the truth of the allegations contained in Paragraph 99 as they pertain to other defendants.
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`WHEREFORE, Wilson-Snyder Pumps demands judgment against plaintiff, dismissing
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`plaintiff(cid:146)s Complaint and awarding its costs of suit, attorney(cid:146)s fees and such other relief as the
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`Court deems just and proper.
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`AFFIRMATIVE DEFENSES
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`FIRST AFFIRMATIVE DEFENSE
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`Plaintiffs(cid:146) Complaint fails to state a cause of action upon which relief can be granted.
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`SECOND AFFIRMATIVE DEFENSE
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`This Court lacks jurisdiction over the subject matter of this action.
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`THIRD AFFIRMATIVE DEFENSE
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`This Court lacks personal jurisdiction over defendant.
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`FOURTH AFFIRMATIVE DEFENSE
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`Plaintiffs(cid:146) claims are barred by the doctrine of laches.
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`FIFTH AFFIRMATIVE DEFENSE
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`The venue of this action is improper.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`SIXTH AFFIRMATIVE DEFENSE
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`The venue of this matter is inconvenient.
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`SEVENTH AFFIRMATIVE DEFENSE
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`Any damages, losses, or injuries sustained by plaintiff(s) were caused by the acts and/or
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`omissions of persons or entities other than Wilson-Snyder Pumps and over whom Wilson-Snyder
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`Pumps exercised no control.
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`EIGHTH AFFIRMATIVE DEFENSE
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`Any claims which plaintiff(s) may have against Wilson-Snyder Pumps are barred, or,
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`alternatively, must be reduced by virtue of the doctrine of comparative and/or contributory
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`negligence.
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`NINTH AFFIRMATIVE DEFENSE
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`Plaintiff has failed to mitigate his damages.
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`TENTH AFFIRMATIVE DEFENSE
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`Any damages allegedly sustained by plaintiff were the proximate result of unforeseen
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`and/or unforeseeable negligent, grossly negligent, wanton, reckless conduct or omission of
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`intervening third parties or superseding parties.
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`ELEVENTH AFFIRMATIVE DEFENSE
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`The damages allegedly sustained by plaintiff were caused, in whole or in part, through the
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`operation of nature.
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`TWELFTH AFFIRMATIVE DEFENSE
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`Plaintiffs(cid:146) action is barred pursuant to the applicable statutes of limitations and/or repose.
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`THIRTEENTH AFFIRMATIVE DEFENSE
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`No acts or omissions of Wilson-Snyder Pumps proximately caused plaintiffs(cid:146) damages.
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
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`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`FOURTEENTH AFFIRMATIVE DEFENSE
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`If any damages are recoverable against Wilson-Snyder Pumps, the amount of such damages
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`shall be diminished by the liability of others.
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`FIFTEENTH AFFIRMATIVE DEFENSE
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`Wilson-Snyder Pumps claims the benefit of each and every credit or offset by reason of
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`any replacement or indemnification of costs or expenses from any collateral source.
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`SIXTEENTH AFFIRMATIVE DEFENSE
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`Any asbestos-containing products used at plaintiff(cid:146)s job locations were used in compliance
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`with specifications, approval or at the instruction of governmental or legislative agencies or bodies.
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`SEVENTEENTH AFFIRMATIVE DEFENSE
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`Any injuries or damages sustained by plaintiffs resulted from exposure to asbestos-
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`containing products manufactured and sold in strict compliance with mandatory specifications
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`established by persons or entities other than defendant, including without limitation, agencies,
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`agents and departments of the United States, state or local governments, which persons or entities
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`possessed, at the time of such manufacture and sale, knowledge equal to or greater than that of
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`defendant concerning the properties and characteristics of asbestos and asbestos-containing
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`products.
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`EIGHTEENTH AFFIRMATIVE DEFENSE
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`Plaintiffs(cid:146) claims are barred in whole or in part by the applicable state-of-the-art defense.
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`4858-5206-2130v.14861-5568-8580v.1
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`FILED: NEW YORK COUNTY CLERK 03/26/2024 05:30 PM
`NYSCEF DOC. NO. 74
`
`INDEX NO. 190011/2024
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`RECEIVED NYSCEF: 03/26/2024
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`NINETEENTH AFFIRMATIVE DEFENSE
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`To the extent that plaintiffs(cid:146) claims are based on an