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`McGivne
`MKCI
`Klu er
`8
`y
`Clark & Intoccia,P.C.
`A COMMITMENT TO E XCELLENCE
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`33 WHITEHALL STREET, 16TH FLOOR
`NEW YORK, NEW YORK 10004
`(212) 509-3456 – TELEPHONE
`(212) 509-4420 – FACSIMILE
`www.mkcilaw.us.com
`
`
`May 15, 2024
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`VIA NYSCEF
`Matthew Park, Esq.
`THE EARLY LAW FIRM, LLC
`360 Lexington Avenue, 20th Floor
`New York, NY 10017
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`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: ZURN INDUSTRIES, LLC, improperly pled as ZURN INDUSTRIES ind.
`and as suc. to ERIE CITY IRON WORKERS CORPORATION (hereinafter “ZURN
`INDUSTRIES, LLC”). 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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`
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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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`KO/mc
`Enclosure
`cc: All Known Defense Counsel via NYSCEF
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`
`
`Keith O’Connor, Esq.
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`
`
`FLORHAM PARK, NJ HARTFORD, CT WILMINGTON, DE SYRACUSE, NY
` (973) 822-1110 (860) 404-3000 (315) 473-9648 (302) 656-1200
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` NEW YORK, NY PHILADELPHIA, PA SPARTA, NJ MIAMI, FL
` (212) 509-3456 (215) 557-1990 (973) 726-4958 (305) 423-7189
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`{N1409398-2}
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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, ZURN INDUSTRIES, LLC, improperly pled as ZURN
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`INDUSTRIES ind. and as suc. to ERIE CITY IRON WORKERS CORPORATION
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`(hereinafter “ZURN INDUSTRIES, LLC”) requests summary judgment in the above-entitled
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`action, pursuant to Civil Practice Law and Rules § 3212, dismissing the complaint and cross-claims
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`against ZURN INDUSTRIES LLC, with prejudice, and after notice to all co-defendants there is
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`no opposition, it is
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`
`
`ORDERED that all claims and cross claims against defendant, ZURN INDUSTRIES LLC,
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`are dismissed with prejudice and without costs.
`
`Dated: New York, New York
`____________, 2024
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`Matthew Park, Esq.
`THE EARLY LAW FIRM, LLC
`Attorneys for Plaintiff(s)
`Dennis Kilkenny and Patricia Kilkenny
`700 Broadway,
`New York, NY 10003
`(212) 558-5500
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`Keith O’Connor, Esq.
`Attorney for Defendant
`Zurn Industries LLC
`MCGIVNEY KLUGER CLARK &
`INTOCCIA, P.C.
`33 Whitehall Street, 16th Floor
`New York, New York 10004
`(212) 509-3456
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`SO ORDERED,
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`Hon. Adam Silvera
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`{N1409398-2}
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`- 2 -
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`CERTIFICATE OF SERVICE
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`I HEREBY CERTIFY that on the 15th day of May 2024, a copy of the foregoing
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`Summary Judgment Motion and Order of ZURN INDUSTRIES LLC, was filed electronically
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`this day and is available for viewing from the court’s ECF system. Notice of this filing will be
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`sent to all counsel of record via the Court’s ECF system.
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`Mildred I. Cortés
`_________________________
`Mildred I. Cortés
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`{N1409398-2}
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`- 3 -
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`
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