MATTER OF METALLURGIE GMBH v. INDUSTRIAL RISK INSURERS


262 A.D.2d 75 (1999)

691 N.Y.S.2d 485

In the Matter of LURGI METALLURGIE GMBH, Formerly Known as LURGI CHEMIE METALLURGIE INDUSTRIEBAU GMBH, Appellant, v. INDUSTRIAL RISK INSURERS, Respondent.

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

Decided June 10, 1999.


The IAS Court correctly held that Nevada's, rather than Colorado's, statute should apply, Nevada being the location of the plant that was the subject of the construction contract between petitioner and respondent's insured, the place where such contract was executed and in large part performed, and the place of petitioner's alleged negligence and breach of contract (see, Insurance Co. v ABB Power Generation, 91 N.Y.2d 180). We also...

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