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ZURICH INS. CO. v. WHITE

129 A.D.2d 388 (1987)

Zurich Insurance Company, Plaintiff, v. Franklin E. White, Individually and as Commissioner of The New York State Department of Transportation, Defendant and Third-Party Plaintiff-Appellant. Occidental Fire & Casualty Company of North Carolina, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

July 30, 1987

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellant.

Charles E. Snow (Frank T. Mahady of counsel), for third-party defendant-respondent.

MAHONEY, P. J., KANE, WEISS and YESAWICH, JR., JJ., concur.

LEVINE, J.

In May 1984, the Department of Transportation (DOT) entered into a contract with third-party defendant E. Smalis Painting Company, Inc. (Smalis) for the cleaning and painting of the Fuhrmann Boulevard Bridge located in the City of Buffalo. Pursuant to the terms of the contract, Smalis procured an insurance policy from plaintiff, Zurich Insurance Company (Zurich), covering the State for liability for...

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