FILED: NEW YORK COUNTY CLERK 08/19/ :08 PM INDEX NO /2015 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2015

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1 FILED: NEW YORK COUNTY CLERK 08/19/ :08 PM INDEX NO /2015 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 08/19/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X ERNEST GILBERT, Index No.: Date Filed: -against- Plaintiff(s), Plaintiff Designates NEW YORK County as the Place of Trial AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, BORGWARNER MORSE TEC LLC., CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CUMMINS, INC., ELLIOTT COMPANY, EMPIRE-ACE INSULATION MFG. CORP., FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GENERAL ELECTRIC COMPANY, GOODYEAR CANADA, INC., GOULDS PUMPS, INC., IMO INDUSTRIES, INC.,, ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, OWENS-ILLINOIS, INC., PERKINS ENGINES, INC., PFIZER, INC. (PFIZER), The Basis of Venue is Defendants' Place of Business SUPPLEMENTAL SUMMONS

2 SEARS, ROEBUCK and CO., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE GOODYEAR TIRE AND RUBBER COMPANY, TYCO FLOW CONTROL, INC., Individually and as Successor to HANCOCK VALVES, TYCO INTERNATIONAL (US) INC., Individually and as Successor to Hancock Valves and Lonergan Valves and Yarway Corporation and Grinnell Corporation, TYCO VALVES & CONTROLS, INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VOLVO PENTA MARINE PRODUCTS, L.L.C, WARREN PUMPS, LLC, ARMSTRONG INTERNATIONAL, INC., CLEAVER BROOKS COMPANY, INC., CRANE CO., GRINNELL LLC, NIBCO INC., PEERLESS INDUSTRIES, INC., SEQUOIA VENTURES, INC., f/k/a BECHTEL CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, TACO, INC., THE FAIRBANKS COMPANY, THE NASH ENGINEERING CO., WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, Defendants X To the above named Defendant(s) You are hereby summoned to answer the amended verified complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint.

3 Dated, August 19, 2015 New York, New York Defendant's address: SEE ATTACHED DEFENDANTS RIDER WEITZ & LUXENBERG, P.C. Attorney(s) for Plaintiff Post Office Address 700 Broadway New York, New York (212)

4 DEFENDANTS' RIDER John Howarth Esq. WILBRAHAM, LAWLER & BUBA 1818 Market Street Suite 3100 Philadelphia, PA (215) fax:(215) AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC. Jennifer Darger Esq Judy Yavitz Esq DARGER ERRANTE YAVITZ & BLAU LLP 116 East 27th Street 12th Floor New York, NY (212) fax:(212) AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC. CERTAINTEED CORPORATION UNION CARBIDE CORPORATION Kerryann Cook Esq MCGIVNEY AND KLUGER 80 Broad Street 23rd Floor New York, NY (212) fax:(212) ATWOOD & MORRILL COMPANY Chris Gannon Esq Kim Reiter Esq Lindsey Foster Esq Theodore Eder Esq SEGAL MCCAMBRIDGE SINGER & MAHONEY, LTD 850 Third Avenue Suite 1100 New York, NY (212) fax:(212) AURORA PUMP COMPANY CUMMINS, INC.

5 Anna DiLonardo Esq MARSHALL, DENNEHY, WARNER, COLEMAN & GOGGIN (LONG 105 Maxess Road Suite 303 Melville, NY (631) fax:(631) BORGWARNER MORSE TEC LLC. James Skelly Esq MARKS, O'NEILL, O'BRIEN & COURTNEY, P.C. 530 Saw Mill River Road Suite 2 Elmsford, NY (914) fax:(914) CATERPILLAR, INC. Michael Tanenbaum Esq SEDGWICK, LLP One Newark Center 1085 Raymond Boulevard, 16th Floor Newark, NJ (973) fax:(973) CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION GENERAL ELECTRIC COMPANY PERKINS ENGINES, INC.

6 Beth Hughes Esq Brady Edwards Esq. Christopher Iannicelli Esq. MORGAN LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX (212) fax:(212) ELLIOTT COMPANY ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc., TYCO FLOW CONTROL, INC., Individually and as Successor to HANCOCK VALVES TYCO INTERNATIONAL (US) INC., Individually and as Successor to Hancock Valves and Lonergan Valves and Yarway Corporation and Grinnell Corporation TYCO VALVES & CONTROLS, INC. Beth Hughes Esq. (713) fax:(713) ELLIOTT COMPANY Steve Kevelson Esq. One Cozine Avenue Brooklyn, NY EMPIRE-ACE INSULATION MFG. CORP. Nancy McDonald Esq. MCELROY, DEUTCH, MULVANEY & CARPENTER LLP (NJ) 1300 Mount Kemble Avenue Morristown, NJ (973) fax:(973) FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company

7 Christopher Hannan Esq KELLEY JASONS MCGOWAN SPINELLI HANNA & REBER, LLP 120 Wall Street. 30th Floor New York, NY (212) fax:(212) FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES Scott Emery Esq. LYNCH DASKAL & EMERY LLP 264 West 40TH Street 18th Floor New York, NY (212) fax:(212) GOODYEAR CANADA, INC. THE GOODYEAR TIRE AND RUBBER COMPANY John Fanning Esq. Raghu Bandlamudi Esq. CULLEN AND DYKMAN, LLP 44 Wall Street 15th Floor New York, NY (212) fax:(212) GOULDS PUMPS, INC. David Goodearl Esq. Joseph Colao Esq. LEADER & BERKON LLP 630 Third Avenue 17th Floor New York, NY (212) fax:(212) IMO INDUSTRIES, INC., WARREN PUMPS, LLC

8 Joan Weisblatt Esq Laura Siclari Esq Marc Gaffrey Esq. Monica Kostrzewa Esq. Shazia Chaudhri dewit Esq. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS 40 Paterson Street New Brunswick, NJ (732) fax:(732) MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION Paul Scrudato Esq. Product Group SCHIFF HARDIN LLP 666 Fifth Avenue 17th Floor New York, NY (212) fax:(212) OWENS-ILLINOIS, INC. Nicole Spence Esq RENZULLI LAW FIRM, LLP 81 Main Street, Suite 508 White Plains, NY (914) fax:(914) PFIZER, INC. (PFIZER) Bob Malaby Esq Rosario Chetta Esq MALABY & BRADLEY LLC 150 Broadway, Suite 600 New York, NY (212) fax:(212) SEARS, ROEBUCK and CO. Patrick Dwyer Esq. SMITH, STRATTON, WISE, HEHER & BRENNAN 2 Research Way Princeton, NJ (609) fax:(609) THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION)

9 Norman Senior Esq. GREENFIELD, STEIN & SENIOR 600 Third Avenue, 11th Floor New York, NY (212) fax:(212) U.S. RUBBER COMPANY (UNIROYAL) Thomas Maimone Esq. MAIMONE & ASSOCIATES PLLC 150 Haven Avenue Port Washington, NY (516) fax:(516) VOLVO PENTA MARINE PRODUCTS, L.L.C ARMSTRONG INTERNATIONAL, INC SOUTHEAST OCEAN BOULEVARD FOURTH FLOOR STUART, FL CLEAVER BROOKS COMPANY, INC West Park Place Milwaukee, WI CRANE CO. 100 First Stamford Place Stamford, CT GRINNELL LLC CT Corporation System 111 8th Avenue New York, NY NIBCO INC. CT Corporation System 111 Eight Avenue New York, NY and 1516 Middlebury Street Elkhart, IN PEERLESS INDUSTRIES, INC. 77 Water Street New York, NY 10005

10 SEQUOIA VENTURES, INC., f/k/a BECHTEL CORPORATION C/O Dan Moretti, Esq 120 Broadway, 27th Flr New York, NY SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY 1150 Northpoint Blvd. Blythewood, SC TACO, INC Cranston Street Cranston, RI THE FAIRBANKS COMPANY CT Corporation System (GA) 1201 Peachtree Street NE Atlanta, GA THE NASH ENGINEERING CO. Corporation Service Company 2595 Interstate Drive, Suite 101 Harrisburg, PA WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC Ballantyne Corporate Place Charlotte, NC 28277

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X Index No: ERNEST GILBERT, Date Filed: Plaintiff(s), -against- AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., AMCHEM PRODUCTS, INC., n/k/a RHONE POULENC AG COMPANY, n/k/a BAYER CROPSCIENCE INC., ATWOOD & MORRILL COMPANY, AURORA PUMP COMPANY, BORGWARNER MORSE TEC LLC., CATERPILLAR, INC., CBS CORPORATION, f/k/a VIACOM INC., successor by merger to CBS CORPORATION, f/k/a WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CUMMINS, INC., ELLIOTT COMPANY, EMPIRE-ACE INSULATION MFG. CORP., FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, GENERAL ELECTRIC COMPANY, GOODYEAR CANADA, INC., GOULDS PUMPS, INC., IMO INDUSTRIES, INC.,, ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, OWENS-ILLINOIS, INC., PERKINS ENGINES, INC., PFIZER, INC. (PFIZER), SEARS, ROEBUCK and CO., THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), THE GOODYEAR TIRE AND RUBBER COMPANY, AMENDED VERIFIED COMPLAINT PLAINTIFF DEMANDS TRIAL BY JURY

12 TYCO FLOW CONTROL, INC., Individually and as Successor to HANCOCK VALVES, TYCO INTERNATIONAL (US) INC., Individually and as Successor to Hancock Valves and Lonergan Valves and Yarway Corporation and Grinnell Corporation, TYCO VALVES & CONTROLS, INC., U.S. RUBBER COMPANY (UNIROYAL), UNION CARBIDE CORPORATION, VOLVO PENTA MARINE PRODUCTS, L.L.C, WARREN PUMPS, LLC, ARMSTRONG INTERNATIONAL, INC., CLEAVER BROOKS COMPANY, INC., CRANE CO., GRINNELL LLC, NIBCO INC., PEERLESS INDUSTRIES, INC., SEQUOIA VENTURES, INC., f/k/a BECHTEL CORPORATION, SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, TACO, INC., THE FAIRBANKS COMPANY, THE NASH ENGINEERING CO., WEIL-MCLAIN, a division of The Marley-Wylain Company, a wholly owned subsidiary of The Marley Company, LLC, Defendants X Plaintiff(s), ERNEST GILBERT, by their attorneys, WEITZ & LUXENBERG, P.C., upon information and belief, at all times hereinafter mentioned alleges as follows: 1. Plaintiff(s), ERNEST GILBERT, by their attorneys, WEITZ & LUXENBERG, P.C., for their amended verified complaint respectfully alleges: 2. Defendant AIR & LIQUID SYSTEMS CORPORATION, as successorby-merger to BUFFALO PUMPS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 3. Defendant ARMSTRONG INTERNATIONAL, INC., was and still is a duly organized domestic corporation doing business in the State of New York.

13 4. Defendant ARMSTRONG INTERNATIONAL, INC., was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 5. Defendant ATWOOD & MORRILL COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 6. Defendant AURORA PUMP COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 7. Defendant ELLIOTT COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 8. Defendant FLOWSERVE US, INC. Solely as Successor to Rockwell Manufacturing Company, Edward Valve, Inc., Nordstrom Valves, Inc., Edward Vogt Valve Company, and Vogt Valve Company, was and still is a duly organized domestic corporation doing business in the State of New York. 9. Defendant FMC CORPORATION, on behalf of its former CHICAGO PUMP & NORTHERN PUMP BUSINESSES, was and still is a duly organized domestic corporation doing business in the State of New York. 10. Defendant GRINNELL LLC, was and still is a duly organized domestic corporation doing business in the State of New York. 11. Defendant IMO INDUSTRIES, INC.,, was and still is a duly organized domestic corporation doing business in the State of New York. 12. Defendant ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, was and still is a duly organized domestic corporation doing business in the State of New York.

14 13. Defendant ITT INDUSTRIES INC, Individually and as successor to JABSCO PUMPS,, was and still is a duly organized foreign corporation doing business and/or transacting business in the State of New York and/or should have expected its acts to have consequences within the State of New York. 14. Defendant ITT INDUSTRIES, INC., Individually, and as successor to BELL & GOSSETT COMPANY and as successor to KENNEDY VALVE MANUFACTURING Co., Inc.,, was and still is a duly organized domestic corporation doing business in the State of New York. 15. Defendant MERCURY MARINE DIVISION OF BRUNSWICK CORPORATION, was and still is a duly organized domestic corporation doing business in the State of New York. 16. Defendant NIBCO INC., was and still is a duly organized domestic corporation doing business in the State of New York. 17. Defendant SEARS, ROEBUCK and CO., was and still is a duly organized domestic corporation doing business in the State of New York. 18. Defendant SPIRAX SARCO, INC. Individually and as successor to SARCO COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York. 19. Defendant TACO, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 20. Defendant THE B.F. GOODRICH COMPANY, (GOODRICH CORPORATION), was and still is a duly organized domestic corporation doing business in the State of New York. 21. Defendant THE FAIRBANKS COMPANY, was and still is a duly organized domestic corporation doing business in the State of New York.

15 22. Defendant THE NASH ENGINEERING CO., was and still is a duly organized domestic corporation doing business in the State of New York. 23. Defendant TYCO FLOW CONTROL, INC., Individually and as Successor to HANCOCK VALVES, was and still is a duly organized domestic corporation doing business in the State of New York. 24. Defendant TYCO INTERNATIONAL (US) INC., Individually and as Successor to Hancock Valves and Lonergan Valves and Yarway Corporation and Grinnell Corporation, was and still is a duly organized domestic corporation doing business in the State of New York. 25. Defendant TYCO VALVES & CONTROLS, INC., was and still is a duly organized domestic corporation doing business in the State of New York. 26. Defendant VOLVO PENTA MARINE PRODUCTS, L.L.C, was and still is a duly organized domestic corporation doing business in the State of New York. 27. Defendant WARREN PUMPS, LLC, was and still is a duly organized domestic corporation doing business in the State of New York. Plaintiff(s), ERNEST GILBERT, repeats and realleges NYAL - WEITZ & LUXENBERG, P.C. STANDARD ASBESTOS COMPLAINT FOR PERSONAL INJURY No. 7 as if fully incorporated herein as it pertains to the defendants in the aforementioned caption. Dated: August 19, 2015 New York, New York. Yours, etc., WEITZ & LUXENBERG, P.C Attorneys for Plaintiff(s) 700 Broadway New York, NY (212)

16 STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: The undersigned, an attorney admitted to practice in the Courts of New York State, shows: Deponent is an Associate of the firm WEITZ & LUXENBERG, P.C., Counsel for the plaintiff(s) in the within action; deponent has read the foregoing supplemental summons and amended verified complaint and knows the contents thereof; the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. This verification is made by deponent and not by plaintiff(s) because plaintiff(s) resides outside of the County of New York where plaintiffs' counsel and deponent maintain their office. Dated: August 19, 2015 New York, New York /S/ CHRIS ROMANELLI

17 Index No.: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ========================================================================================== ERNEST GILBERT, -against- AIR & LIQUID SYSTEMS CORPORATION, as successor-by-merger to BUFFALO PUMPS, INC., et. al., Plaintiff(s), Defendants. ========================================================================================== SUPPLEMENTAL SUMMONS and AMENDED VERIFIED COMPLAINT ========================================================================================== WEITZ & LUXENBERG, P.C. Attorneys for PLAINTIFFS 700 Broadway New York, NY ========================================================================================== To Attorney(s) for ========================================================================================== Service of a copy of the within is hereby admitted. Dated, August 19, Attorney(s) for

FILED: NEW YORK COUNTY CLERK 06/29/ :12 PM INDEX NO /2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2015

FILED: NEW YORK COUNTY CLERK 06/29/2015 01:12 PM INDEX NO. 190198/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 06/29/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------------------X