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CERTAIN UNDERWRITERS AT LLOYD'S LONDON v. PNEUMO ABEX CORPORATION

36 A.D.3d 441 (2007)

829 N.Y.S.2d 29

CERTAIN UNDERWRITERS AT LLOYD'S LONDON et al., Appellants, v. PNEUMO ABEX CORPORATION et al., Defendants, and CENTURY INDEMNITY COMPANY, as Successor in Interest to California Union Insurance Company, et al., Appellants, PEPSIAMERICAS, INC., Defendant-Respondent.

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

Decided January 9, 2007.

In view of the 24-year pendency of the federal litigation involving the obligations of primary insurers to provide coverage and indemnity for underlying asbestos-related claims, the motion court properly exercised its discretion (see Pierre Assoc. v Citizens Cas. Co. of N.Y., 32 A.D.2d 495, 496-497 [1969]) in staying this action in favor of that litigation, and companion litigation concerning the obligations of excess insurers.<...

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