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GRIFFITH OIL COMPANY, INC. v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH

15 A.D.3d 982 (2005)

789 N.Y.S.2d 352

GRIFFITH OIL COMPANY, INC., et al., Respondents-Appellants, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant-Respondent, and AMERICAN HOME ASSURANCE COMPANY, Respondent, et al., Defendants. (Appeal No. 2.)

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

February 4, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by granting those parts of the cross motion of plaintiffs with re spect to the proceeding brought by the United States Environmental Protection Agency and their claim for "lost product," by granting judgment in favor of plaintiffs as follows:

"It is adjudged and declared that defendant National Union Fire Insurance...

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