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