FILED: NEW YORK COUNTY CLERK 08/01/2013 INDEX NO /2013 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/01/2013

Transcription

1 FILED: NEW YORK COUNTY CLERK 08/01/2013 INDEX NO /2013 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/01/2013 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALL CRAFT FABRICATORS, INC. and DONALDSON INTERIORS., INC., -against- Plaintiffs, UNITED STATES PLYWOOD CORPORATION, CHAMPION INTERNATIONAL CORPORATION, OWENS CORNING, RPM INTERNATIONAL, INC, DAP PRODUCTS, INC., ALGOMA HARDWOODS, INC., MASONITE CORPORATION, INTERNATIONAL PAPER COMPANY and OWENS-ILLINOIS, INC., x Index No.: /2013 AMENDED SUMMONS Defendants. TO THE ABOVE-NAMED PARTY DEFENDANT: x YOU ARE HEREBY SUMMONED, to serve an Answer to this Amended Summons and Verified Complaint upon the Plaintiffs ALL CRAFT FABRICATORS, INC. and DONALDSON INTERIORS, INC., upon attorneys LONDON FISCHER LLP, 59 Maiden Lane, New York, New York 10038, within twenty (20) days after service thereof; exclusive of the date of service, or within thirty (30) days after completion of service, if service is made upon you by any methods other than by personal delivery to you in the State of New York. Dated: New York, New York August 1,2013 LOfl~R3Y By: JolmE. par n,es Attome r Plain 1 s ALL CRAFT FABRICATORS, INC. and DONALDSON INTERIORS, INC., 59 Maiden Lane {N I)

2 New York, New York (212) TO: UNITED STATES PLYWOOD CORPORATION 201 N. Franklin Street Suite 300 Tampa, Florida CHAMPION INTERNATIONAL CORPORATION 1 Champion Plaza Stamford, Connecticut OWENS CORNING I Owens Coming Parkway Toledo, Ohio RPM INTERNATIONAL INC Pearl Road P.O. Box 777 Medina, Ohio DAP PRODUCTS, INC Boston Street, Suite 200 Baltimore, MD ALGOMA HARDWOODS, INC Perry Street Algoma, WI MASONITE CORPORATION One Tampa City Center 201 N. Franklin Street, Suite 300 Tampa, FL INTERNATIONAL PAPER COMPANY 277 Park Avenue, #30 New York, NY OWENS-ILLINOIS, INC. 1 Michael Owens Way Tax-Plaza 1 Perrysburg, Ohio, NOTE: The Law provides that: (N0539S53,I 2

3 (a) (b) If this Amended Summons is served by its delivery to you personally within the City of New Yorlc, you must appear and answer within TWENTY days after such service; or If this Amended Summons is served by delivery to any person other than personally, or is served outside the City of New York, or by publication, or by any means other than personal delivery to you within the City of New York, you are allowed THIRTY days after the proof of service thereof is filed with the Clerk of this Court within which to appear and answer. (N0539&53.I } 3

4 SUPREME COURT OF THE STATE OF NEW YORK COUth Y OF NEW~~YO~ ALL CRAFT FABRICATORS, INC. and DONALDSON INTERIORS, INC., -against- Plaintiffs, x Index No.: 15 k0~thj lzo)3 VERIFIED COMPLAINT UNITED STATES PLYWOOD CORPORATION, CHAMPION INTERNATIONAL CORPORATION, OWENS CORNING, RPM INTERNATIONAL, NC, DAP PRODUCTS, INC., ALGOMA HARDWOODS, INC., MASONITE CORPORATION, INTERNATIONAL PAPER COMPANY and OWENS-ILLINOIS, INC., Defendants. PLAINTIFFS ALL CRAFT FABRICATORS, INC. ( ALL CRAFT ) and DONALDSON INTERIORS., INC. ( DONALDSON ) (collectively PLAINTIFFS ) by their x attorneys LONDON FISCHER LLP, as and for their Verified Complaint herein, allege, upon information and belief as follows: 1) At all times hereinafter referenced, ALL CRAFT was and is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. At all times, DONALDSON was and is a domestic corporation duly organized and existing under and by virtue of the laws of the State of New York. JURISDICTION AND VENUE 2) This Court has jurisdiction over UNITED STATES PLYWOOD CORPORATION ( US PLYWOOD ). 3) That at all times hereinafter referenced, US PLYWOOD was and is a domestic corporation duly licensed and authorized to conduct business within the State of New {N

5 York and having its principal place of business at 201 N. Franklin Street, Suite 300, Tampa, Florida ) That at all times hereinafter referenced, US PLYWOOD transacted business within the State of New York and contracted to supply goods and services within the State of New York. 5) That at all times hereinafter referenced, US PLYWOOD committed a tortuous act within the State of New York. 6) That at all times hereinafter referenced, US PLYWOOD conducted and carried on and is still conducting and carrying on business in the State of New York. 7) That at all times hereinafter referenced, US PLYWOQD was and is still doing business in the State of New York. 8) That at all times hereinafter referenced, US PLYWOOD transacted, and is still transacting, business in the State of New York. 9) That at all times hereinafter referenced, US PLYWOOD derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 10) This Court has jurisdiction over CHAMPION INTERNATIONAL CORPORATION ( CHAMPION ). 11) That at all times hereinafter referenced, CHAMPION was and is a domestic limited liability company duly licensed and authorized to conduct business within the State of New York and having its principal place of business at 1 Champion Plaza, Stamford, Connecticut, )2

6 12) That at all times hereinafter referenced, CHAMPION transacted business within the State of New York and contracted to supply goods and services within the State of New York. 13) That at all times hereinafter referenced, CHAMPION committed a tortuous act within the State of New York. 14) That at all times hereinafter referenced, CHAMPION conducted and carried on and is still conducting and carrying on business in the State of New York. 15) That at all times hereinafter referenced, CHAMPION was and is still doing business in the State of New York. 16) That at all times hereinafter referenced, CHAMPION transacted, and is still transacting, business in the State of New York. 17) That at all times hereinafter referenced, CHAMPION derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 18) This Court has jurisdiction over OWENS CORNING. 19) At all times hereinafter referenced, OWENS CORNING was and is a foreign corporation authorized to conduct business in the State of New York and having its principal place of business at 1 Owens Corning Parkway, Toledo, Ohio ) That at all times hereinafter referenced, OWENS CORNING transacted business within the State of New York and contracted to supply goods and services within the State of New York. 21) That at all times hereinafter referenced, OWENS CORNING committed a tortuous act within the State of New York. {N053&370.l

7 22) That at all times hereinafter referenced, OWENS CORNING conducted and carried on and is still conducting and carrying on business in the State of New York. 23) That at all times hereinafter referenced, OWENS CORNING was and is still doing business in the State of New York. 24) That at all times hereinafter referenced, OWENS CORNING transacted, and is still transacting, business in the State of New York. 25) That at all times hereinafter referenced, OWENS CORNING derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 26) This Court has jurisdiction over RPM INTERNATIONAL, INC. ( RPM ). 27) That at all times hereinafter referenced, RPM was and is a foreign corporation duly licensed and authorized to conduct business within the State of New York and having its principal place of business at 2628 Pearl Road, P.O. Box 777, Medina, Ohio ) That at all times hereinafter referenced, RPM transacted business within the State of New York and contracted to supply goods and services within the State of New York. 29) That at all times hereinafter referenced, RPM committed a tortuous act within the State of New York. 30) That at all times hereinafter referenced, RPM conducted and carried on and is still conducting and carrying on business in the State of New York. 31) That at all times hereinafter referenced, RPM was and is still doing business in the State of New York. (NO53~37O.]

8 32) That at all times hereinafter referenced, RPM transacted, and is still transacting, business in the State of New York. 33) That at all times hereinafter referenced, RPM derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 34) This Court has jurisdiction over DAP PRODUCTS, INC. ( DAP ). 35) At all times hereinafter referenced, DAP was and is a foreign corporation authorized to conduct business in the State of New York and having its principal place of business at 2400 Boston Street, Suite 200, Baltimore, MD ) That at all times hereinafter referenced, DAP transacted business within the State of New York and contracted to supply goods and services within the State of New York. 37) That at all times hereinafter referenced, DAP committed a tortuous act within the State of New York. 38) That at all times hereinafter referenced, DAP conducted and carried on and is still conducting and carrying on business in the State of New York. 39) That at all times hereinafter referenced, DAP was and is still doing business in the State of New York. 40) That at all times hereinafter referenced, DAP transacted, and is still transacting, business in the State of New York. 41) That at all times hereinafter referenced, DAP derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. {N I

9 42) This Court has jurisdiction over ALGOMA HARDWOODS, INC. ( ALGOMA ). 43) At all times hereinafter referenced, ALGOMA was and is a foreign corporation authorized to conduct business in the State of New York and having its principal place of business at 1001 Perry Street Algoma, WI ) That at all times hereinafter referenced, ALGOMA transacted business within the State of New York and contracted to supply goods and services within the State of New York. 45) That at all times hereinafter referenced, ALGOMA committed a tortuous act within the State of New York. 46) That at all times hereinafter referenced, ALGOMA conducted and carried on and is still conducting and carrying on business in the State of New York. 47) That at all times hereinafter referenced, ALGOMA was and is still doing business in the State of New York. 48) That at all times hereinafter referenced, ALGOMA transacted, and is still transacting, business in the State of New York. 49) That at all times hereinafter referenced, ALGOMA derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 50) This Court has jurisdiction over MASONITE CORPORATION ( MASONITE ). 51) At all times hereinafter referenced, MASONITE was and is a foreign corporation authorized to conduct business in the State of New York and having its principal (N I

10 place of business at One Tampa City Center, 201 N. Franlclin Street, Suite 300, Tampa, FL ) That at all times hereinafter referenced, MASONITE transacted business within the State of New York and contracted to supply goods and services within the State of New York. 53) That at all times hereinafter referenced, MASQNITE committed a tortuous act within the State of New York. 54) That at all times hereinafter referenced, MASONITE conduct&i and carried on and is still conducting and carrying on business in the State of New York. 55) That at all times hereinafter referenced, MASONITE was and is still doing business in the State of New York. 56) That at all times hereinafter referenced, MASONITE transacted, and is still transacting, business in the State of New York. 57) That at all times hereinafter referenced, MASONITE derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 58) This Court has jurisdiction over INTERNATIONAL PAPER COMPANY ( INTERNATIONAL PAPER ). 59) That at all times hereinafter referenced, INTERNATIONAL PAPER was and is a domestic corporation duly licensed and authorized to conduct business within the State of New York and having its principal place of business at 277 Park Avenue, New York, NY {N )7

11 60) That at all times hereinafter referenced, INTERNATIONAL PAPER transacted business within the State of New York and contracted to supply goods and services within the State of New York. 61) That at all times hereinafter referenced, INTERNATIONAL PAPER committed a tortuous act within the State of New York. 62) That at all times hereinafter referenced, INTERNATIONAL PAPER conducted and carried on and is still conducting and carrying on business in the State of New York. 63) That at all times hereinafter referenced, INTERNATIONAL PAPER was and is still doing business in the State ofnew York. 64) That at all times hereinafter referenced, INTERNATIONAL PAPER transacted, and is still transacting, business in the State of New York. 65) That at all times hereinafter referenced, INTERNATIONAL PAPER derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. 66) This Court has jurisdiction over OWENS-ILLINOIS, INC. ( OWENS ILLINOIS ). 67) At all times hereinafter referenced, OWENS-ILLINOIS was and is a foreign corporation authorized to conduct business in the State of New York and having its principal place of business at 1 Michael Owens Way, Perrysburg, Ohio, ) That at all times hereinafter referenced, OWENS-ILLINOIS transacted business within the State of New York and contracted to supply goods and services within the State of New York. {N

12 69) That at all times hereinafter referenced, OWENS-ILLINOIS committed a tortuous act within the State of New York. 70) That at all times hereinafter referenced, OWENS-ILLINOIS conducted and carried on and is still conducting and carrying on business in the State of New York. 71) That at all times hereinafter referenced, OWENS-ILLINOIS was and is still doing business in the State of New York. 72) That at all times hereinafter referenced, OWENS-ILLINOIS transacted, and is still transacting, business in the State of New York. 73) That at all times hereinafter referenced, OWENS-ILLINOIS derived and is still deriving substantial revenue from goods used or consumed or services rendered in the State of New York. The United Nations Refurbishment Project 74) ALL CRAFT was hired to do miliwork for the refurbishment of the United Nations Headquarters located at 405 East 42nd Street (the Project ). This included work on wood panels and doors from the Under-Secretary-General ( USG ) offices at the Project. 75) ALL CRAFT was issued a change order by the general contractor and the United Nations to use salvaged wood panels and doors from the USG offices to perform millwork for the Project. 76) Crates were sent to ALL CRAFT s offices containing the aforementioned USG office materials, including wood panels and doors that were to be salvaged and refurbished pursuant to the change order. {N I

13 77) ALL CRAFT at all times complied with the contract requirements and good practice with respect to its work on and for the panels and doors and otherwise. 78) The doors and panels contained toxic substances. 79) The doors and panels contained asbestos. 80) ALL CRAFT shared offices with DONALDSON. 81) US PLYWOOD manufactured these doors and panels containing toxic substances and asbestos. 82) CHAMPION is the successor company of US PLYWOOD. 83) ALGOMA is the successor company of US PLYWOOD and CHAMPION. 84) MASONITE is the successor company of US PLYWOOD, CHAMPION and ALGOMA. 85) INTERNATIONAL PAPER is the successor company of US PLYWOOD and CHAMPION. 86) OWENS-ILLINOIS was the manufacturer of the asbestos containing door cores used in these IJSG office materials. 87) OWENS CORNING was the manufacturer of the asbestos containing door cores used in these USG office materials. 88) OWENS CORNING was the distributor of the asbestos containing door cores used in these USG office materials. 89) OWENS CORNING is the successor company of the manufacturer of the asbestos containing door cores used in these USG office materials. {N I 10

14 90) DAP was the manufacturer of the asbestos containing glue used in the office materials. 91) RPM is the successor company of DAP and responsible for DAP. 92) No notice of the defective condition of the doors and panels was given to ALL CRAFT. 93) ALL CRAFT s plant was damaged and contaminated by the panels and doors. DONALDSON was damaged as well. 94) ALL CRAFT was forced to shut down its manufacturing facility incurring substantial damages, including property damage, business interruption, loss of production on this and other projects and continued damages consisting of; among other things, the cost to remedy its facility and the cost to dispose of the contents of the containers. DONALDSON sustained significant damage consistent with that of ALL CRAFT. 95) At no time, was ALL CRAFT notified that the USO office materials, including wood panels and doors, contained asbestos or any other hazardous materials. 96) The referenced materials, including wood panels and doors, were not in compliance with New York State and New York City codes relating to the handling of Asbestos Containing Materials ( ACM ). 97) At all times hereinafter referenced, Defendants violated the applicable New York State and New York City codes relating to the removal, handling, and abatement of ACM. {N I 111

15 AS AND FOR A FIRST CAUSE OF AtJi ioin AGAINST DEFENDANTS FOR TRESPASS 98) ALL CRAFT and DONALDSON repeat, reiterate and reallege each and every allegation contained in paragraphs 1 through 97 of this Complaint with the same force and effect as if fully set forth herein. 99) Without permission, Defendants caused asbestos to enter onto ALL CRAFT s and DONALDSON s property. 100) Defendants knew, or had good reason to know, that the USG Office materials contained asbestos when they entered ALL s and DONALD s property. 101) ALL CRAFT s and DONALDSON s actual or constructive possession of the subject premises and their property was interfered with by the complained conduct of Defendants. 102) Defendants invasion and interference is continuing and constituted actionable trespass. 103) The trespass contaminated the property of ALL CRAFT and DONALDSON. 104) By reason of the foregoing, ALL CRAFT and DONALDSON sustained substantial damages including, but not limited to, property damage, and resulting business interruption, loss of production on the Project and other projects and continued damages consisting of the cost to remedy their facility and the cost to dispose of hazardous materials. 105) By reason of the foregoing, ALL CRAFT and DONALDSON respectfully request that a judgment be rendered declaring the following: (a) Defendants are liable to ALL CRAFT and DONALDSON for their trespass onto ALL CRAFT s and (N

16 DONALDSON s property; and (b) Defendants are liable to ALL CRAFT and DONALDSON for all costs, fees, expenses, and damages as a result of their trespass. AS AND FOR A SECOND CAUSE OF ACTION AGAINST DEFENDANTS FOR PRIVATE NUISANCE 106) ALL CRAFT and DONALDSON repeat, reiterate and reallege each and every allegation contained in paragraphs I through 105 of this Complaint with the same force and effect as if fully set forth herein. 107) Defendants intentional, recklessly, or negligently caused asbestos to enter onto ALL CRAFT s and DONALDSON s property. 108) This conduct is a legal cause of invasion of the interest in the private use and enjoyment of ALL CRAFT s and DONALDSON s property. property. conditions or activities. 109) The invasion contaminated the ALL CRAFT and DONALDSON 110) The invasion was unreasonable. 111) The invasion is actionable under the rules for abnormally dangerous 112) As a result, there has been an interference with ALL CRAFT s and DONALDSON s use and/or enjoyment of their property. 113) Defendants invasion and interference is continuing. 114) By reason of the foregoing, ALL CRAFT and DONALDSON sustained substantial damages including, but not limited to, property damage, and resulting business interruption, loss of production on the Project and other projects and continued damages consisting of the cost to remedy their facility and the cost to dispose of hazardous materials. {N l 13

17 115) By reason of the foregoing, ALL CRAFT and DONALDSON respectfully request that a judgment be rendered declaring the following: (a) Defendants are liable to ALL CRAFT and DONALDSON for private nuisance for unreasonably interfering in the use and enjoyment of ALL CRAFT s and DONALDSON s property; and (b) Defendants are liable to ALL CRAFT and DONALDSON for all costs, fees, expenses, and damages as a result of this private nuisance. AS AND FOR A THIRD CAUSE OF ACTION AGAINST THE DEFENDANTS FOR NEGLIGENCE 116) ALL CRAFT and DONALDSON repeat, reiterate and reallege each and every allegation contained in paragraphs 1 through 115 of this Complaint with the same force and effect as if filly set forth herein. 117) Defendants knew, or with reasonable diligence should have known and/or ascertained, that their asbestos products were inherently dangerous and hazardous to the health and well-being of those using, exposed to or coming in contact with Defendants asbestos products. 118) Defendants knew, or with reasonable diligence should have known and/or ascertained, that the reasonable and anticipated use ot~ exposure to or contact with their asbestos products would cause the release of asbestos fibers and dust into the ambient air, creating danger and unreasonable risk of injury and harm to those breathing the air contaminated with such asbestos fibers and dust and would result in significant property damage to areas exposed to the asbestos. 119) Defendants knew, or with reasonable diligence should have known and/or ascertained, that ALL CRAFT and DONALDSON would use or come into contact with {N ~ 14

18 Defendants asbestos products and in so doing, their property would be exposed to the asbestos fibers and dust as they were discharged and released from the Defendants products in the course of ordinary and foreseeable contact, application and use of those products. 120) Despite knowledge of the unsafe and dangerous nature and properties of their respective asbestos products, the Defendants willfully, recklessly and negligently: a. failed to warn the public at large, and more particularly ALL CRAFT and DONALDSON, of the dangers and hazards associated with or caused by the use of, exposure to or contact with Defendants asbestos products resulting from the ordinary, anticipated and foreseeable use of Defendants asbestos products; b. failed to study, investigate and/or properly test their asbestos products for both potential and actual hazards associated with the use of~ exposure to and contact with Defendants asbestos products, when such products were used in a reasonably foreseeable and anticipated manner; c. failed to cominunicate or convey their suspicions and knowledge with respect to potential or actual dangers and health hazards associated with the use of~ exposure to or contact with Defendants asbestos jroducts; d. failed to design or redesign Defendants asbestos products to prevent, impede or minimize the release of asbestos fibers and dust; {N I 15

19 e. failed to properly design and manufacture Defendants asbestos products to insure safe use and handling by users under conditions that were reasonably anticipated and foreseeable; f failed to adequately package their respective asbestos products in a manner which would insure safe handling and use by those individuals, including ALL CRAFT and DONALDSON, who the Defendants knew or should have reasonably anticipated would be exposed to asbestos fibers and dust released by and associated with the ordinary and foreseeable use of Defendants asbestos products; g. failed to remove their asbestos products from the stream of commerce despite knowledge of the unsafe and dangerous nature of those products; h. continued to produce, process, design, manufacture, market, supply, deliver, distribute, install, use, purchase, remove and sell asbestos products for general application and purposes without any alteration or change, despite the potential and known health hazards and dangers posed to the foreseeable and anticipated users of those products; i. failed to timely develop and utilize substitute materials for asbestos in their asbestosproducts; {N I ~ 16

20 j. failed to design or redesign asbestos-containing products to prevent, impede or minimize the release of asbestos fibers and dust; and, k. failed to recall and/or issue a post-sale warning for their asbestos products. 121) As a result of the Defendants negligence and recklessness, ALL CRAFT and DONALDSON sustained substantial damages including, but not limited to, property damage, and resulting business interruption, loss of production on the Project and other projects and continued damages consisting of the cost to remedy their facility and the cost to dispose of hazardous materials. 122) These damages are a direct and proximate result of the negligence and carelessness of the Defendants. AS AND FOR A FOURTH CAUSE OF ACTION AGAINST DEFENDANTS FOR STRICT LIABILITY 123) ALL CRAFT and DONALDSON repeat, reiterate and reallege each and every allegation contained in paragraphs I through 122 of this Complaint with the same force and effect as if filly set forth herein. 124) The Defendants sold or otherwise placed their asbestos products into the stream of commerce in a defective, unsafe and unreasonably dangerous condition. 125) The Defendants knew or otherwise expected that their asbestos products would reach the users of their asbestos products, including ALL CRAFT and DONALDSON without substantial change from, or alteration of the condition in which these products were originally manufactured and sold. The Defendants knew, or in the exercise of reasonable (N l ~l7

21 diligence, should have ascertained that ALL CRAFT and DONALDSON, and others similarly situated, would be the users of Defendants asbestos products or would be exposed to their asbestos products. 126) Defendants knew that their asbestos products would be used without inspection for defects and, by placing them in the marketplace, represented to the public at large and more particularly ALL CRAFT and DONALDSON that these products could be utilized safely, in the manner, and for the purpose for which they were intended. 127) Defendants knew that their asbestos products were defective and were incapable of being made safe for their ordinary and intended uses and purposes and that these defects were not discoverable by ALL CRAFT and DONALDSON, or others similarly situated, in the exercise of reasonable care nor were the dangers and hazards of these products perceivable to ALL CRAFT and DONALDSON and others similarly situated such that it might otherwise have averted its damages by the exercise of reasonable care. 128) In light of the above, the ordinary and foreseeable use of Defendants asbestos products constituted a dangerous and hazardous activity and placed the users, and ALL CRAFT and DONALDSON more particularly, at an unreasonable risk of harm and injury by contaminating ALL CRAFT s and DONALDSON s facilities. 129) The risks and dangers created by the use of Defendants products outweighed the utility of these products. 130) As a consequence of the defects of Defendants products and the resulting contamination of ALL CRAFT s and DONALDSON s facilities in the ordinary and foreseeable use of those asbestos products, ALL CRAFT and DONALDSON sustained substantial damages including, but not limited to, property damage, and resulting business (N ~l8

22 interruption, loss of production on the Project and other projects and continued damages consisting of the cost to remedy their facility and the cost to dispose of hazardous materials. 131) The Defendants, by virtue of the foregoing, are strictly liable to ALL CRAFT and DONALDSON for damages resulting from the defects and dangerous propensities of their asbestos products alleged herein. AS AND FOR A FIFTH CAUSE OF ACTION AGAINST DEFENDANTS FOR BREACH OF WARRANTY 132) ALL CRAFT and DONALDSON repeat, reiterate and reallege each and every allegation contained in paragraphs 1 through 131 of this Complaint with the same force and effect as if fully set forth herein. 133) The Defendants expressly and impliedly warranted that their asbestos products were of good and merchantable quality and fit for their intended uses and purposes. 134) The express and implied warranties made by these Defendants were false, misleading and consequently breached since these products were unreasonably dangerous, defective, hazardous and harmful when used, applied or installed in the manner, and for the purposes, intended. 135) As a direct and proximate ALL CRAFT and DONALDSON used, came Defendants asbestos products, causing significant result of Defendants breached warranties into contact with and was exposed to damage to their facilities resulting from the ordinary and foreseeable use of those products. 136) By virtue of the breach of the express and implied warranties of good and merchantable quality and fitness for particular use, ALL CRAFT and DONALDSON sustained substantial damages including, but not limited to, property damage, and resulting ( ) 1 9

23 business interruption, loss of production on the Project and other projects and continued damages consisting of the cost to remedy their facility and the cost to dispose of hazardous materials. WHEREFORE, ALL CRAFT and DONALDSON pray for the following relief: 1. Judgment on the first cause of action against Defendants declaring that Defendants are liable to ALL CRAFT and DONALDSON for their trespass onto ALL CRAFT s and DONALDSON s property. 2. Judgment on the second cause of action against Defendants declaring that Defendants are liable to ALL CRAFT and DONALDSON for private nuisance for unreasonably interfering in the use and enjoyment of ALL CRAFT s and DONALDSON s property. 3. Judgment on the third cause of action against Defendants declaring that Defendants negligence and carelessness were the direct and proximate cause of ALL CRAFT s and DONALDSON s damages. 4. Judgment on the fourth cause of action against Defendants declaring Defendants strictly liable to ALL CRAFT and DONALDSON for damage resulting from the defects and dangerous propensities of Defendants asbestos products. 5. Judgment on the fifth cause of action against Defendants declaring Defendants breached the express and implied warranties of good and merchantable quality and fitness for particular use and ALL CRAFT and DONALDSON were damaged thereby. {N )20

24 6. A money judgment for damages in excess of the jurisdictional limit of this Court caused by Defendants trespass in the first cause of action, nuisance in the second cause of action, negligence in the third cause of action, defective and dangerous products in the fourth cause of action and breach of warranty in the fifth cause of action. interest and attorneys fees. 7. Such other and further relief as this Court may deem just and proper plus Dated: New York, New York July29,2013 LO FISCHER LLP By: Jo B. ing orney for laintiffs 59 Maiden ane, 39th Floor New York, New York (212) TO: UNITED STATES PLYWOOD CORPORATION 201 N. Franklin Street Suite 300 Tampa, Florida OWENS CORNING I Owens Corning Parkway Toledo, Ohio RPM INTERNATIONAL INC Pearl Road P.O. Box 777 Medina, Ohio DAP PRODUCTS, INC Boston Street, Suite 200 Baltimore, MD (N ,I 21

25 ALGOMA HARDWOODS, INC Perry Street Algoma, WI MASONITE CORPORATION One Tampa City Center 201 N. Franklin Street, Suite 300 Tampa, FL INTERNATIONAL PAPER COMPANY 277 Park Avenue, #30 New York, NY OWENS-ILLINOIS, INC. 1 Michael Owens Way Tax-Plaza I Perrysburg, Ohio, {N ) }22

26 ATTORNEY S VERIFICATION JOHN B. SPARLING, being an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms the following to be true under the penalties of pei~ury: 1. Affinnant is a member of the law firm LONDON FISCHER LLP, attorneys for the plaintiffs in the within action, and is fully familiar with the facts and circumstances set forth herein. 2. Affirmant has read the foregoing Verified Complaint, knows the contents thereof; and the same is true to Affirmant s own knowledge, except as to those matters therein stated to be alleged upon information and belief, and as to those matters Affirmant believes them to be true. 3. Affirmánt further states that the reason this affirmation is made by the undersigned and not by the plaintiffs is because plaintiffs reside outside the County of New York where Affirmant maintains his offices. 4. The basis of Affirmant s belief as to all matters not stated to be upon Affirmant s knowledge is information contained in the file of said law firm and learned in conversations with the plaintiffs. Dated: New York, New York July29,20l3 {NO$3837Q,I }23

27 New York State Courts Electronic Filing - Thanic you Page 1 of 1 Thank You for Filing Electronically The NYSCEF site has successfully received your e-filed documents. A receipt will be ed to you shortly. Date Filings Received: 07/29/2013 4:31 PM Case Summary Court: New York County Supreme Court Type: Tort Index #: Not Assigned Short Caption: full caption ALL CRAFT FABRICATORS, INC et al vs UNITED STATES PLYWOOD CORPORATION et al Receipt and Notices All documents open as PDF in a new window. Don t have a PDF viewer? Download Adobe Reader Payment Receiptj flj~g Notice j~rmation Notice e-filing Notice: You must print a Notice Regarding Availability of F-Filing to serve on each party that has not consented OR in a mandatory case, a Notice of Commencement of Mandatory F-Filed Case. Confirmation Notice: If submitting a working copy of this filing to the court, you must include as a notification page firmly fastened thereto a copy of this Confirmation Notice. Documents Filed I To view a document, click the Document link. Document Document Type Special Contains Motion Fee No. Information Instructions SSN No. Index Fee $ SUMMONS + COMPLAINT 1 No + $0.00 Summons and ComplaInt Total Fees $ Add Case to etrack Home ~ 7 flfl mn

28 Page I of2 Michelle Lewis - NYSCEF County: New York Assign Claim/Index No. OSUMMONS + COMPLAINT, /2013, ALL CRAFT FABRICATORS, INC et al - v. - UNITED STATES PLYWOOD CORPORATION et a! From: To: Date: Subject: <efile~courts.state.ny.us> <cruggiero~1ondonfisc~er.c~rn> <jsparling~1ondonfischer.corn> 7/30/2013 9:00 AM NYSCEF County: New York Assign Claimflndex No. QSUMMONS + COMPLAINT, /2013, ALL CRAFT FABRICATORS, INC et al - v. - UNITED STATES PLYWOOD CORPORATION et al On 07/30/2013 at 9:00:30 AM, the following item: Document Update Assign Claim/Index No. was completed. - - Case/Claim /2013 number ALL CRAFT FABRICATORS, INC et al - v. - Caption CORPORATION et al U1 JITED STATES PLYWOOD~1I Judge Assigned Date Received 107/29/2013 I IComments Routing Comments IJOHN SPARLING (jsparling@londonfischer.com) You may view the document by clicking the hyperlinjc below: IDocument number I[i~ ~ocument type IISUMMONS + COMPLAI~fl ~Description IlSummons and Complaint I ~Special Instructionsi documentld=rpk7hfexnsentj WFz8wI PLUS w==&system=pro~ If the document does not display after cliclcing the hyperlink, cut and paste the entire hyperlinlc into your flle://c:\docurnents and Settings\Michelle T awic\l,nn~1 ftinr,o\pmmn\vd,nn.n,,:,.~,~ C? V lofl 1 MA Mn..

29 * Page2of2 browser. THIS IS INTENDED ONLY FOR THE USE OF THE NAMED ADDRESSEE(S) AND FOR THE PURPOSES OF THE ELECTRONIC FILING SYSTEM. IF YOU ARE NEITHER THE INTENDED RECIPIENT NOR A PERSON DESIGNATED TO RECEIVE MESSAGES ON BEHALF OF THE INTENDED RECIPIENT, PLEASE NOTIFY THE SENDER IMMEDIATELY. THANK YOU. flle://c:\documents and Settinus\MieheJle r,~wi.~\i.nc ~1 ~ Cl t 70r ~7M Ifl#%l

30 Index No. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALL CRAFT FABRICATORS, INC., and DONALDSON INTERIORS, INC., -against- Plaintiffs, UNITED STATES PLYWOOD CORPORATION, CHAMPION INTERNATIONAL CORPORATION, OWENS CORNING, RPM INTERNATIONAL, NC, DAP PRODUCTS, INC., ALGOMA HARDWOODS, INC., MASONITE CORPORATION, INTERNATIONAL PAPER COMPANY and OWENS-ILLINOIS, INC., Defendants. SUMMONS AND VERIFIED COMPLAINT LONDON FISCHER LLP Attorneys/or Plaintiffs, All Craft Fabricators, Inc., and Donaldson Interiors, Inc., Office and li~st Office~ A&fress Telephone 59 MAIDEN LANE NEW YORK. NEW YORK 0039 (212)