MCELROY, DEUTSCH, MULVANEY &CARPENTER, LLPATTORNEYS AT LAW
1300 MOUNT KEMBLE AVENUEP.O. BOX 2075
MORRISTOWN, NEVJ JERSEY 07962-2075(973) 993-8100
FACSIMILE (973) 425-0161
CHARLES J. BENJAMIN,JR.Direct dial: (973) 425-4767cbenjamin@mdmo-law. com
October 4, 2016VIA FIRST CLASS MAIL AND NYSCEFPatti Burshtyn, Esq.Weitz & Luxenberg, P.C.700 Broadway, 6 h̀ FloorNew York, NY 10003
Re: NYCAL —Apri12017 In E~remis CaseStanley Lewis and Veronica LewisIndex No.: 190267-16MDMC File No.: M1023-PM79580
Dear Ms. Burshtyn:
As you are aware, this firm represents PV North America, Inc., as successor-in-interest toBaker Perkins, Inc., Peterson Ovens and Werner Lehara, Inc. (improperly sued as Baker Perkins, Inc.,Individually, and as Successor to Werner Lehara, Inc. and Bakers Perkins as Successor by Merger toPeterson Oven Company, USA) (hereinafter "Baker Perkins") in the above-referenced matter. Ourreview of the file reveals that Baker Perkins was not identified as a source of plaintiffs exposure toasbestos-containing products. Therefore, in accordance with CMO Amendment Re: No OppositionSummary Judgment Motion and Order ("NOSJM"), dated December 19, 2001, I request that youkindly execute the enclosed NOSJM and return the original to my attention in the enclosed envelopewithin ten days as provided for by the July 23, 2001 amendment to the Case Management Order. AnAffidavit of Service of the NOSJM on all counsel of record is also enclosed.
Please do not hesitate to contact me should you have any questions.
Thank you for your courtesies.
MCELROY,
Very
VAINEY 8 .EARPENTER, LLP
J. Benjamin, Jr.CJB/liEnclosurescc: All Counsel of Record (via NYSCEF)
NEW JERSEY NEW YORK PENNSYLVANIA3187786-1
CANNECTICUT MASSACHUSETTS COIARADO OBLAWA2G
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK
IN RE: NEW YORK COUNTYASBESTOS LITIGATION
This Document Relates to:
STANLEY B. LEWIS and VERONICA LEWIS
NYCALI.A.S. Part 50(Moulton, P.)
INDEX NO.: 190267-16
NO OPPOSITION SUMMARYJUDGMENT MOTION AND
ORDER
WHEREFORE, defendant PV North America, Inc., as successor-in-interest to Baker
Perkins, Inc., Peterson Ovens and Werner Lehara, Ina (improperly sued as Baker Perkins, Inc.,
Individually, and as Successor to Werner Lehara, Inc. and Bakers Perkins as Successor by
Merger to Peterson Oven Company, USA) (hereinafter "Baker Perkins"), hereby requests
summary judgment in the above-entitled case, pursuant to Civil Practice Law and Rules Section
3212, dismissing plaintiffs' complaint against defendant Baker Perkins with prejudice, and there
being no opposition thereto.
ORDERED, that upon notice to all co-defendants, all claims and cross claims against
defendant Baker Perkins be and the same are hereby dismissed with prejudice and without costs.
Dated:New York, New York
Patti Burshtyn, Esq.Weitz & Luxenberg, P. C.Attorneys Por Plaintiff700 Broadway, 6~h FloorNew York, NY 10003
SO ORDERED,Hon. Peter H. Moulton
2016
Brian Sorensen, Esq.McElroy, Deutsch, Mulvaney &Carpenter, LLPAttorneys for Defendant AVP North America, Inc.88 Pine Street, 24~h FloorNew York, New York 10005
3185072-1
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK
- --------- ----------------------------------IN RE: NEW YORK COUNTY
ASBESTOS LITIGATION
----------------------------------------------------------------This Document Relates to:
STANLEY B. LEWIS and VERONICA LEWIS
STATE OF NEW JERSEY )ss:
COUNTY OF MORRIS )
AFFIDAVIT OF SERVICE
LORI INGRAM, being duly sworn, deposes and says: That deponent is not a party to
this action, is over 18-years of age and is associated with McElroy, Deutsch, Mulvaney, &
Carpenter, LLP, 1300 Mount Kemble Avenue, Morristown, New Jersey 07962-2075.
Further, deponent delivered on October 4, 2016, true copies of the No Opposition
Summary Judgment Motions and Orders, via NYSCEF and first class mail upon:
Patti Burshtyn, Esq.Weitz & Luxenberg, P. C.700 Broadway, 6 h̀ FloorNew York, NY 10003Attorneys for Plaintiff
and by NYSCEF to the following:
ALL DEFENSE COUNSEL of record on the attached service list being the address
designated by said attorneys for that purpose.
~~~ ~~w~
LORI INGRA—~Sworn to and subscribed before methis 4th day of October, 2016
f f~'' r / .~
rrot~y-- b --HELEN CALICCHIO
NOTARY PUBLIC OF NEW JERSEYMy Commission Expires 04/W/2019 s~aso~z-~
NYCALI.A.S. Part 50(Moulton, P.)
INDEX NO.: 190267-16