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NIAGARA FRONTIER TRANSP. AUTH. v. GIBBS

202 A.D.2d 964 (1994)

609 N.Y.S.2d 737

Niagara Frontier Transportation Authority, Respondent, v. Caryl A. V. Gibbs, Appellant

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

March 11, 1994

Judgment unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion for partial summary judgment. Plaintiff sought a judgment declaring that the damages it sustained as the result of excessive water infiltration in the C-31 portion of its Light Rail Rapid Transit tunnel were damages covered by defendant underwriter's insurance policy. In a prior action...

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