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GREAT NORTHERN INSURANCE COMPANY v. INTERIOR CONSTRUCTION CORP.

307 A.D.2d 878 (2003)

763 N.Y.S.2d 750

GREAT NORTHERN INSURANCE COMPANY, as Subrogee of NEUBERGER & BERMAN, LLC, Plaintiff, v. INTERIOR CONSTRUCTION CORP., Defendant, THE DEPOSITORY TRUST & CLEARING CORPORATION, Respondent and Third-Party Plaintiff-Respondent, and NEW WATER STREET CORP., Appellant, et al., Third-Party Defendants.

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

Decided August 28, 2003.

Under the circumstances of this case, where the movant subsequently became aware of relevant information regarding New Water's involvement in the incident and in light of the pendency of a companion case involving overlapping and identical issues (see Security Ins. Co. of Hartford v Interior Constr. Corp., 307 A.D.2d 877 [2003]), the court properly vacated the default. To simplify further proceedings herein, we nostra sponte order...

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