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AMER. MUT. INS. CO. v. NIAG. POWER CORP.

51 Misc.2d 940 (1966)

American Mutual Liability Insurance Company, Plaintiff, v. Niagara Mohawk Power Corporation et al., Defendants. New York Telephone Company, Defendant and Third-Party Plaintiff, v. Torrington Construction Company, Inc., et al., Third-Party Defendants. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff, v. Torrington Construction Company, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, Albany County.

October 27, 1966

Attorney(s) appearing for the Case

Arthur F. McGinn, Jr., and W. Michael Dunn for plaintiff. Harold H. White (Towner, Erway & Lyons of counsel), for Niagara Mohawk Power Corporation, defendant and third-party plaintiff. Maynard, O'Connor & Smith (Earl S. Jones, Jr., of counsel), for New York Telephone Company, defendant and third-party plaintiff. E. Stewart Jones for Torrington Construction Company, Inc., third-party defendant. Carter & Conboy for Russell Manning, third-party defendant.

T. PAUL KANE, J.

Defendants and third-party plaintiffs move for an order directing summary judgment in their favor against plaintiff American Mutual Liability Insurance Company (hereinafter referred to as "American") pursuant to CPLR 3212.

On August 30, 1960 Vincent D'Amico was accidentally killed while allegedly in the employ of Torrington Construction Company. Shortly thereafter American, the workmen...

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