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MERRIMACK MUTUAL FIRE INS. CO. v. LONG ISLAND POWER AUTH.

2015-10569, Index Nos. 248/14, 249/14.

143 A.D.3d 953 (2016)

2016 NY Slip Op 07006

MERRIMACK MUTUAL FIRE INSURANCE COMPANY, as Subrogee of Larry Silver and Another, Appellant, v. LONG ISLAND POWER AUTHORITY et al., Respondents. (Matter No. 1.) In the Matter of MERRIMACK MUTUAL FIRE INSURANCE COMPANY, as Subrogee of Larry Silver and Another, Appellant, v. LONG ISLAND POWER AUTHORITY et al., Respondents. (Matter No. 2.).

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 26, 2016.

Ordered that the order entered August 13, 2015, is reversed, on the law and in the exercise of discretion, with costs, the motion of Merrimack Mutual Fire Insurance Company, as subrogee of Larry Silver and Juliette Silver, in effect, pursuant to CPLR 5015 to vacate so much of the order entered October 6, 2014, as granted that branch of the defendants' unopposed cross motion which was to dismiss the complaint insofar as asserted against the defendant National Grid is granted...

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