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NIAGARA CO. v. UTICA MUT.

103 Misc.2d 814 (1980)

Niagara County, Plaintiff, v. Utica Mutual Insurance Company, Defendant.

Supreme Court, Niagara County.

April 14, 1980.

Attorney(s) appearing for the Case

John V. Simon, County Attorney (Sheldon Hurwitz of counsel), for plaintiff. Palmer, Heffernan, Wickser & Beyer (John J. Heffernan of counsel), for defendant.

JOSEPH P. KUSZYNSKI, J.

Plaintiff, the County of Niagara (County) moves pursuant to CPLR 3212 for summary judgment in its declaratory judgment action brought to determine defendant Utica Mutual Insurance Company's (Utica Mutual) obligation to defend it in the series of actions commonly known as the "Love Canal" litigation.

While the County's declaratory judgment action seeks determination as to both...

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