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TRAVELERS INDEM. CO. v. FISHBACH, L.L.C.

Index No. 657060/21. Appeal No. 608. Case No. 2023-00815.

219 A.D.3d 1239 (2023)

195 N.Y.S.3d 465

2023 NY Slip Op 04741

The Travelers Indemnity Company et al., Respondents, v. Fishbach, L.L.C., et al., Appellants.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Husch Blackwell LLP, Melville (Donald R. Pugliese of counsel), and Husch Blackwell LLP, Dallas, TX (Scott Louis Davis of the bar of the State of Texas, admitted pro hac vice, of counsel), for appellants.

Gimigliano Mauriello & Maloney, P.A., New York (Stephen V. Gimigliano of counsel), for respondents.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, New York County (Jennifer G. Schecter, J.), entered on or about September 16, 2022, which, to the extent appealed from, granted plaintiffs The Travelers Indemnity Company and The Travelers Indemnity Company of Connecticut's (collectively Travelers) motion for partial summary judgment finding that indemnity costs incurred by Travelers in connection with the asbestos liabilities of defendants' subsidiary should be allocated on a pro-rata time-on-the-risk...

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