CASSELL v. BABCOCK & WILCOX CO.


186 A.D.2d 1000 (1992)

Wendy S. Cassell, Individually and as Administratrix of The Estate of Arthur S. Cassell, Jr., Deceased, Respondent, v. Babcock & Wilcox Company et al., Respondents, and Zurich American Insurance Company, Appellant

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

October 7, 1992


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Zurich American Insurance Company (Zurich) for summary judgment dismissing plaintiff's complaint alleging that Zurich was negligent in inspecting a boiler that later exploded and caused injuries to plaintiff's decedent. In our view, Zurich failed to establish its entitlement to that relief.

Zurich contends that it owed no duty to plaintiff's decedent...

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