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PITTSBURGH v. HARTFORD INSURANCE COMPANY OF THE MIDWEST

93 N.Y.2d 983 (1999)

717 N.E.2d 1077

695 N.Y.S.2d 740

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Respondent, v. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Appellant.

Court of Appeals of the State of New York.

Decided July 6, 1999.

Attorney(s) appearing for the Case

O'Brien & Mayr, Rockville Centre (Nicholas P. Calabria and James M. O'Brien of counsel), for appellant.

Lester Schwab Katz & Dwyer, New York City (Eric A. Portuguese and Bruce M. Strikowsky of counsel), for respondent.

Before: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question not answered as unnecessary, since the Appellate Division order reversing the judgment of the trial court was final.

The dispositive issue in Chaos Construction Corporation's prior lawsuit against only National Union Fire Insurance Company was whether National was obligated...

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