MATERA v. MYSTIC TRANSPORTATION, INC.


308 A.D.2d 514 (2003)

764 N.Y.S.2d 458

MICHAEL MATERA et al., Respondents, v. MYSTIC TRANSPORTATION, INC., et al., Appellants, et al., Defendants. (Action No. 1.) MYSTIC TRANSPORTATION, INC., et al., Appellants, v. MICHAEL MATERA et al., Respondents, et al., Defendants. (Action No. 2.) MICHAEL MATERA et al., Plaintiffs, v. CITY OF YONKERS et al., Defendants. (Action No. 3.) CNA INSURANCE COMPANIES, as Subrogee of NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. CITY OF YONKERS et al., Respondents, and MYSTIC BULK CARRIERS, INC., et al., Appellants, et al., Defendant. (Action No. 4.) ZURICH INSURANCE COMPANY, as Subrogee of NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. MYSTIC BULK CARRIERS, INC., et al., Appellants, and FRUEHAUF TRAILER CORP. et al., Respondents, et al., Defendant. (Action No. 5.) TRAVELERS INDEMNITY COMPANY OF ILLINOIS, as Subrogee of NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. COUNTY OF WESTCHESTER et al., Respondents, and MYSTIC BULK CARRIERS, INC., et al., Appellants. (Action No. 6.) RELIANCE NATIONAL INSURANCE COMPANY, as Subrogee of NEW YORK STATE THRUWAY AUTHORITY, Respondent, v. MYSTIC BULK CARRIERS, INC., et al., Appellants, and FRUEHAUF TRAILER CORP., Respondents, et al., Defendant. (Action No. 7.) NEW YORK STATE THRUWAY AUTHORITY, Respondent-Appellant, v. MYSTIC BULK CARRIERS, INC., et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, and FRUEHAUF TRAILER CORPORATION et al., Respondents. CITY OF YONKERS, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (Action No. 8.)

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

Decided September 22, 2003.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the New York State Thruway Authority which was, in effect, for summary judgment on the issue of liability against Mystic Transportation, Inc., and Mystic Bulk Carriers, Inc., on its cause of action to recover damages pursuant to Navigation Law article 12 and substituting therefor a provision granting that branch of the motion; as so modified, the order is...

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