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CARVEN ASSOCS. v. AM. HOME ASSURANCE CORP.

84 N.Y.2d 927 (1994)

644 N.E.2d 1368

620 N.Y.S.2d 812

Carven Associates, Also Known as Carvan Associates, et al., Respondents, v. American Home Assurance Corp., Defendant and Third-Party Plaintiff-Appellant. Delro Industries, Inc., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

Court of Appeals of the State of New York.

Decided November 29, 1994.

Attorney(s) appearing for the Case

Mound, Cotton & Wollan, New York City (Andrew C. Jacobson, Diane P. Simon and David I. Schonbrun of counsel), for defendant and third-party plaintiff-appellant.

Herzfeld & Rubin, P. C., New York City (David B. Hamm, Herbert Rubin, Ellin Mulholland and Linda M. Brown of counsel), for Delro Industries, Inc., third-party defendant-appellant.

Spiegel, Pergament & Brown, Poughkeepsie (Donald D. Brown, Jr., and Cynthia K. Fichera of counsel), for Litton Systems, Inc., third-party defendant-appellant.

Bartlett, McDonough, Bastone & Monaghan, White Plains (Edward J. Guardaro, Jr., of counsel), for Northberry Concrete Corp., third-party defendant-appellant.

Wilson, Bave, Conboy & Bave, P. C., White Plains (John P. Perfetti of counsel), for Charles V. Castaldo Construction Corp., third-party defendant-appellant.

Weg & Myers, P. C., New York City (Dennis T. D'Antonio, Myrle L. Davis and Joshua L. Mallin of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur in memorandum; Judge SMITH taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the order of Supreme Court dismissing plaintiffs' complaint reinstated. The certified question should be answered in the negative.

In the singular circumstances presented by this appeal we conclude that Supreme Court properly exercised its discretion to dismiss the complaint and the third-party complaint, even after its previous...

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