County of Broome, Appellant,
v.
Aetna Casualty & Surety Company et al., Respondents
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
May 4, 1989.
May 4, 1989.
Attorney(s) appearing for the Case
John E. Murray, County Attorney (Mary A. Walsh of counsel), for appellant.
MacKenzie, Smith, Lewis, Michell & Hughes (Steven T. Helmer, Charlene E. McGraw and Anthony R. Hanley of counsel), for Aetna Casualty & Surety Company, respondent.
Mudge, Rose, Guthrie, Alexander & Ferdon (Paul R. Koepff, John L. Altieri, Jr., and Barbara E. Taylor of counsel), for Insurance Company of North America, respondent.
Smith, Sovik, Kendrick, Schwarzer & Sugnet, P. C. (James A. O'Shea of counsel), for Insurance Company of the State of Pennsylvania and others, respondents.
Siff, Rosen & Parker, P. C. (Ignatius J. Melito and Amy Gallent of counsel), and Twining, Nemia, Hill & Steflik, (Richard M. Hill of counsel), for First State Underwriters Agency of New England Reinsurance Corporation, respondent.
Hancock & Estabrook (Alan J. Pierce of counsel), for National Union Fire Insurance Company of Pittsburgh, Pennsylvania, respondent.
Carter, Conboy, Bardell, Case, Blackmore & Napierski (Dianne Bresee Mayberger of counsel), for Insurance Environmental Litigation Association, amicus curiae.
Whiteman, Osterman & Hanna (Philip H. Gitlin of counsel), for CIBA-GEIGY Corporation and others, amicus curiae.
MAHONEY, P. J., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
KANE, J.
Plaintiff commenced this declaratory judgment action against defendants based on their failure to defend or indemnify plaintiff in a Federal court action instituted against it by residents in the area nearby one of plaintiff's landfills, as well as in a subsequent State administrative proceeding. Both the Federal action and the State proceeding concerned plaintiff's operation of the landfill. Plaintiff...
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