Document zQZarXmKkdV1xXRBzN3jwde30

At a Sp cial Term, Part I of the Supreme Court of the State of New York, held in and for the County of New York, at the Courthouse located at 60 Centre Street, New York- New York, on .the ^i'-^<3ay of November, 1985 * PRESENT : Hon. Amos E. Bowman, Justice x NICOLINA SIRECI, as Executirx of the Estate of JOSEPH E. SIRECI, Deceased, MOV 2 -5 ';. ........ *< . ``C ' 04 a ORDER Plaintiff, against - Index No. 13411/83 CHEMCO, INC., ROMAN HASS, INC., MONSANTO, INC., UNION CARBIDE, INC., AMERICAN CYANAMIC, INC., AMERICAN CYANAMID, MONSANTO, INC., Defendants. x ROHM & HAAS COMPANY S/h/a ROMAN HAAS INC., Defendant and Third-Party Plaintiff - against - ELM COATED FABRICS, INC., A Division Of KALEX CHEMICAL, INC., Third-Party Defendant. x r UCC 087336 MONSANTO COMPANY, INC., Third-Party Plaintiff, - against - ELM COATED FABRICS, INC., ELM COATED FABRICS, INC. d/b/a ELM COATED FABRICS DIV. OF KALEX CHEMICAL PRODUCTS, INC., ELM COATED FABRICS DIV. OF KALEX CHEMICAL PRODUCTS, INC., and KALEX CHEMICAL PRODUCTS, INC., Third-Party Defendants. x Defendant, Union Carbide Corporation, sued herein as Union Carbide, Inc. ("Union Carbide") , having moved this Court for an Order dismissing the complaint on the ground that plaintiff's complaint is time-barred by the statute of limitations, and defendant Monsanto Company, Inc., sued herein as Monsanto, Inc. ("Monsanto"), having cross-moved for an Order dismissing the complaint on the ground that plaintiff's i complaint is time-barred by the statute of limitations, and plaintiff having cross-moved for an Order striking the answers of the defendants for failure to comply with plaintiff's demand for discovery, and said motion and cross-motions having come on to be heard before this Court on the 14th day of August, 1985; NOW*' upon defendant, union Carbide's notice of motion dated May 14, 1985^/and upon the affidavits of R.N. wheeler. Jr., sworn to on ! ', 1985, and of Jaame s V. O'Gara, Esq., sworn to on May 14 , 1985, and the exhiLb its annexed thereto, all submitted in support thereof; and upon plaintiff's notic of 2 UCC 087337 cross-moti n, dated Jun 24, 1985, and upon th affirmation of Frank P. Mangiatordi, Esq., dated June^24, 1985, and the exhibits annexed thereto, all submitted in support ther of; and upon^fche affidavit of James V. O'Gara, Esq., sworn to on July 5, 19$5, and the exhibits annexed thereto, submitted in opposition to the plaintiff's cross-motion; and upon defendant Monsanto's notice of cross-motion, dated Jul 985, and the affidavits of Irvin DeFrates, sworn to on June 2*7, 1985, and Mark S^,Landman, Esq., sworn to on July 8, 1985, and the exhibits annexed thereto, all submitted in support thereof; and upon the affidavit of Mark S. Landman, Esq., sworn to July 15, 1985, submitted in opposition to plaintiff's cross-motion; and upon.the affirmation of Frank P. Mangiatordi, Esq., dated July 18, 1985, submitted in opposition to Monsanto's cross-motion; and^ppdn the affirmation of Frank P. Mangiatordi, Esq., dat d July 19, 1985, submitted in reply to Monsanto's opposition to plaintiff's cross-motion; jinjj/'tipon the affirmation of Alexander V. Sansone, Esq., dated July 22, 1985^and upon the affidavit of Stanley Mandel, sworn to on July 29, 1985, all submitted in support of Union Carbide's motion and Monsanto's cross-motion; and upoiy the affidavit of Marj^S. Landman, Esq., sworn to on August 8, 1985, and the exhibits annexed thereto, submitted in reply to plaintiff's opposition to Monsanto's cross-motion; and upon ^th^ affirmation of Frank P. Mangiatordi, Esq., dated August 9, 1985, and the exhibits annexed thereto, submitted in reply to Union Carbide's opposition to plaintiff's -3- UCC 087338 cross-motion; and upon the affidavit of James V. O'Gara, Esq., sworn to on August 13, 1985, and the exhibits annex d thereto, __ Orf c'vtut, ? 5 ft c- submitted in reply to plaintiff's pposition to Union Carbide's motion, and all of the foregoing having been submitted to the Court on August 14, 1985, and due deliberation having been had, and upon the memorandum decision of this Court dated October 23, 1985, it is ORDERED, that defendant Union Carbide's motion and defendant Monsanto's cross-motion for summary judgment .. dismissing the plaintiff's complaint is grantedyjas to these defendants only, and plaintiff's cross-motion is denied in its entirety, and it is further ORDERED, that a copy of this Order with notice of entry be served upon the Clerk of this Court and that the Clerk T EN1 COUNTY CLERK'S OFFICE NEW YORK -4- ucc 087339