Document rpZ1wzLXbR4j8DmJKXjz7kQRG

RAYMOND W MAC K B ART I JAY W WASON JOHN E MORRISSEY. JR CHARLES ANDREWS ROBERTH WOODFORD THOMAS P QUINLAN CHARLES J CRONIN JAMES H O'CONNOR WILLIS 3 i. EM ON CARTER H STRICKLAND* DENNIS A BALDWIN CAY M. POMEROY* KEVIN M REILLY EDWARD J MOSES GEORGE R WOLFF CLAYTON H HALE j R ALFRED W POPKESS KENNETH E ACKERMAN Ma c k e n z ie Smit h Le w is Mic h e l l & HuGHq^ECEIVED ARTHUR A CHALENSKl.JR CATHERINE A GALE ARTHUR W WENTLANOT MICHAEL P DALY NANCY L. PONTI US EOWARO J SPENCER. Ill CHARLENE E MC CRAW DENNIS P HENNIQAN DOUGLASC JOHNSTON STEPHEN T HELMER JAMES T STOKES LAW OFFICES 600 ONONDAGA SAVINGS BANK BUILDING SYRACUSE. NEW YORK 13202-1399 (3151 474-7571 TELECOPIER (315> 474-7571 FEB 25 1985 Corp^Risk - tE*,s ** *684-1972 JOHN H HUGHES *904 1972 EDWARDJ SPENCER JR 1 9> 7-1 981 WILLIS A BROWN 1910-1982 ROBERTS MCCORMICK 1921-1983 *ALSO ADMITTED TO FLORIDA BAR **ALSO AOMITTEO TO D C SAR FRANCIS P MALONEY WILLIAM L. BROAD CARLETON E. REIFFENSTEIN GEORGE S. SULLIVAN ROBERT J. GANG. JR. COUNSEL February 21, 1985 Aetna Casualty & Surety Company P. 0. Box 4963 Syracuse, New York 13221 Attention: Mr. Steven Westerdahl, Supervisor Mr. John Mulcahy, Senior Claim Representative REDACTED v. New Primex Realty Assoc, v. The Sherwin Williams Co. uate of Loss: 11/8/78 Claim Number: H 52 CC 4187219 RG Gentlemen: The above captioned matter has been pending in Supreme Court, Onondaga County for some time now and it appears that it should be reached for trial in the next term of Supreme Court which commences March 4, 1985. In the primary action, the plaintiff's contention is that the owner of the premises. New Primex Realty, was negligent in leasing these premises to Sherwin Williams without proper safeguards and compliance with the New York State Building Code after having knowledge that not only would paints be stored on the involved premises, but also that there would be mixing of paints and other toxic substances containing benzene. The main thrust of this complaint is that there was improper ventilation and that the air conditioning units and fans which were on the premises blew these toxic fumes directly into the area where plaintiff's decedent had her desk with the result that she was exposed to fumes containing benzene on a rather regular basis during the period of her employment with Sherwin Williams from September 1977 through November 1978 at which time it was discovered that she had contracted chronic myelogenous leukemia. N40492