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  5. 53 N.Y.2d 875 (1981)
 

COMBUSTION ENG'G, INC. v. TRAVELERS INDEM. CO.

53 N.Y.2d 875 (1981)

Combustion Engineering, Inc., Appellant, v. Travelers Indemnity Company et al., Defendants, and Aetna Casualty and Surety Company, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1981.

Attorney(s) appearing for the Case

Lawrence R. Eno, William W. Golub, Lawrence G. Golde and Ellis R. Mirsky for appellant.

Harvey M. Sklaver and Joseph G. Gorayeb for respondent.

Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Chief Judge COOKE dissents in part and votes to modify in an opinion in which Judge GABRIELLI concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the memorandum opinion of that court (75 A.D.2d 777).

That court dismissed the declaratory judgment cause of action, not on the merits with respect to the substantive rights of the parties, but on the threshold procedural ground that the court was without jurisdiction as a matter...

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