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NATIONAL INS. v. TRANSCANADA

650515/10

52 Misc.3d 455 (2016)

28 N.Y.S.3d 800

2016 NY Slip Op 26096

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Plaintiffs, v. TRANSCANADA ENERGY USA, INC., et al., Defendants. (Action No. 1.) TC RAVENSWOOD, LLC, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Also Known as AIG, Now Known as CHARTIS, et al., Defendants. (Action No. 2.)

Supreme Court, New York County.

Decided March 2, 2016.

Attorney(s) appearing for the Case

Anderson Kill & Olick, P.C., New York City ( John G. Nevius , John M. O'Connor and Kathleen Donovan of counsel), for defendants in action No. 1 and plaintiff in action No. 2.

Foran Glennon Palandech Ponzi & Rudloff PC, New York City ( Charles J. Rocco , Malcolm J. Reilly and Mara Hsiung of counsel), for plaintiffs in action No. 1 and defendants in action No. 2.

Podvey Meanor Catenacci Hildner Cocoziello & Chattman, New York City ( Henry J. Catenacci , H. Richard Chattman and Gregory D. Miller of counsel), for Factory Mutual Insurance Company, defendant in action No. 2.

OPINION OF THE COURT

Between August 29, 2008 and September 12, 2008, excessive vibrations emanated from unit 30 of the Ravenswood Generating Station (facility) in Long Island City, reaching a level that resulted in a breakdown, and requiring that the unit be shut down. These actions arise from that breakdown.

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