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CON. EDISON v. ROYAL IND. CO.

41 A.D.2d 37 (1973)

Consolidated Edison Company of New York, Inc., Plaintiff, v. Royal Indemnity Company, Defendant and Third-Party Plaintiff-Respondent; Allis-Chalmers Corporation, Third-Party Defendant, and Westinghouse Electric Company, Third-Party Defendant-Appellant

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

February 22, 1973.

Attorney(s) appearing for the Case

Philip D. Pakula of counsel (Michael S. Belohlavek with him on the brief; Townley, Updike, Carter & Rodgers, attorneys), for third-party defendant-appellant.

John M. Hadlock of counsel (Herbert P. Polk with him on the brief; Whitman & Ransom, attorneys), for defendant and third-party plaintiff-respondent.

NUNEZ and MURPHY, JJ., concur with STEVENS, P. J.; STEUER, J., concurs in an opinion; McGIVERN, J., dissents in an opinion.

STEVENS, P. J.

Plaintiff, Consolidated Edison Company of New York, Inc. (Con Ed) and Royal Indemnity Company (Royal) sue on an insurance contract to recover $3,200,000 for loss or damages as a result of a breakdown of its Ravenswood Unit 3 (Big Allis). Royal, by its third-party complaint, impleads Allis-Chalmers Corporation (Allis) which designed and installed Big Allis, and Westinghouse Electric Company (Westinghouse...

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