STATE OF N.Y. v. LUDLOW'S SANITARY LANDFILL, INC.

No. 86-CV-853.

814 F.Supp. 248 (1993)

STATE OF NEW YORK, Plaintiff, v. LUDLOW'S SANITARY LANDFILL, INC., et al., Defendants. LUDLOW'S SANITARY LANDFILL, INC., et al., Third party Plaintiffs, v. UNITED AUTO SALES OF UTICA, INC.; Chesebrough-Pond's, Inc.; Special Metals Corp.; North Motor Equipment and Machinery Company, Inc.; and Utica Cutlery, Inc., Third party Defendants, CONOPCO, INC. doing business as Chesebrough-Pond's USA Co., Fourth party Plaintiffs, v. The AETNA CASUALTY AND SURETY COMPANY; Kemper National Insurance Companies; American Motorists Company, a subsidiary of Kemper National Insurance Companies; Harbor Insurance Company; Allianz Insurance Company; Allstate Insurance Company, as Successor-In-Interest to Northbrook Property and Casualty Insurance Company; the Hartford Accident & Indemnity Company; St. Paul Fire and Marine Insurance Company; and Insurance Company of North America (CIGNA), Fourth party Defendants.

United States District Court, N.D. New York.

February 23, 1993.


Attorney(s) appearing for the Case

Battle, Fowler Law Firm, New York City, for fourth party plaintiff, Chesebrough-Pond's; William McSherry, Jr., of counsel.

Mudge, Rose Law Firm, New York City, for fourth party defendant, CIGNA/INA; Gabriella Tussussov, of counsel.


MEMORANDUM-DECISION & ORDER

McAVOY, District Judge.

Chesebrough filed the instant fourth party action against its comprehensive general liability and excess insurance carriers seeking to recover amounts expended in its defense and settlement of the third party action. The facts underlying the cost recovery action and the third party action are familiar to all of the parties and have been outlined in the court's earlier decisions, therefore they need...

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