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AM GUAR & LIAB INS v. XEROX

183 Misc.2d 411 (1999)

703 N.Y.S.2d 661

AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, Plaintiff, v. XEROX CORPORATION, Defendant.

Supreme Court, New York County.

November 15, 1999.

Attorney(s) appearing for the Case

Kirkpatrick & Lockhart L. L. P., New York City (Gerald A. Novack, Gregory S. Shaffer, Thomas M. Reiter and David R. Cohen of counsel), for defendant.

Melito & Adolfsen P. C., New York City (Ignatius John Melito and S. Dwight Stephens of counsel), and Wiley, Rein & Fielding, Washington, D.C. (Thomas W. Brunner and Laura A. Foggan of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES EDWARD RAMOS, J.

Defendant Xerox Corporation (Xerox) moves for an order (i) dismissing the complaint, pursuant to section 7 of the Year 2000 Readiness and Responsibility Act (15 USC § 6601 et seq., added by Pub L No. 106-37, 106 US Stat 185), CPLR 327 (forum non conveniens), CPLR 3211 (a) (4) (prior action pending), and CPLR 3001 (discretion to hear declaratory judgment action); or (ii) staying all discovery for the...

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