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NIAGARA MOHAWK POWER CORPORATION v. SKIBECK PIPELINE CO., INC.

270 A.D.2d 867 (2000)

705 N.Y.S.2d 459

NIAGARA MOHAWK POWER CORPORATION, Respondent, v. SKIBECK PIPELINE CO., INC., et al., Appellants. SKIBECK PIPELINE CO., INC., Third-Party Plaintiff-Respondent-Appellant, v. WHITTINGHAM AGENCY, INC., Third-Party Defendant-Respondent. WHITTINGHAM AGENCY, INC., Fourth-Party Plaintiff-Respondent, v. AETNA CASUALTY & SURETY COMPANY OF AMERICA et al., Fourth-Party Defendants-Appellants-Respondents.

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

Decided March 29, 2000.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This insurance coverage dispute is secondary to litigation arising out of an accident in which two employees of defendant Skibeck Pipeline Co., Inc. (Skibeck) were injured while working on a construction project for plaintiff, Niagara Mohawk Power Corporation (Niagara Mohawk). Defendants Aetna Casualty & Surety Company of America, Farmington Casualty...

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