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FED. INS. CO. v. EMPIRE

132 Misc.2d 657 (1986)

Federal Insurance Company et al., Plaintiffs, v. Empire of America, as Successor in Interest to Erie Savings Bank, Defendant and Third-Party Plaintiff. Buffalo Evening News, Inc., et al., Third-Party Defendants.

Supreme Court, Erie County.

April 28, 1986

Attorney(s) appearing for the Case

Moot & Sprague (Jeremiah J. McCarthy of counsel), for defendant and third-party plaintiff. Lambert & Weiss (Carol A. Pisano of counsel), for plaintiffs.

NORMAN J. WOLF, J.

This case was commenced in New York County. Defendant brought a motion for change of venue to Erie County and plaintiffs cross-moved for summary judgment. Justice Kenneth L. Shorter granted the change of venue motion and denied the cross motion with leave to renew upon transfer.

Defendant now moves for summary judgment dismissing plaintiffs' complaint. Plaintiffs oppose and have...

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