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B.U.D. SHEETMETAL, INC. v. MASSACHUSETTS BAY INS. CO.

248 A.D.2d 856 (1998)

670 N.Y.S.2d 228

B.U.D. Sheetmetal, Inc., Plaintiff, v. Massachusetts Bay Insurance Company, Respondent, and Jeffrey Cole, Proposed Intervenor-Appellant

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

March 12, 1998

Spain, J.

In a related action, Jeffrey Cole commenced a negligence action against, among others, plaintiff, B.U.D. Sheetmetal, Inc. (hereinafter B.U.D.), for recovery of damages for injuries he allegedly incurred as a result of his exposure to toxic fumes in January 1991. As a result of that action, B.U.D. commenced this declaratory judgment action against its insurer defendant, Massachusetts Bay Insurance Company (hereinafter MBIC), seeking a declaration...

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