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The Travelers Indemnity Company v. Elliott Company

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


April 29, 2011

THE TRAVELERS INDEMNITY COMPANY,
PLAINTIFF,
v.
ELLIOTT COMPANY, ELLIOTT TURBOMACHINERY CO., INC., CERTAIN UNDERWRITERS AT LLOYD'S LONDON,
CERTAIN LONDON MARKET COMPANIES, DEFENDANTS-RESPONDENTS, CARRIER CORPORATION,
DEFENDANT-APPELLANT, ET AL., DEFENDANTS.

Appeal from an order of the Supreme Court, Onondaga County (Deborah H. Karalunas, J.), entered December 9, 2009.

The Travelers Indem. Co. v Elliott Co.

Decided on April 29, 2011

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SCUDDER, P.J., SMITH, LINDLEY, GREEN, AND GORSKI, JJ.

The order denied the motion of defendant Carrier Corporation for partial summary judgment against defendants Elliott Company and Elliott Turbomachinery Co., Inc.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court.

Entered: April 29, 2011

Patricia L. Morgan Clerk of the Court

20110429

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