RELIANCE INS. CO. v. POLYVISION CORP.

docket No. 06-1717-CV.

474 F.3d 54 (2007)

RELIANCE INSURANCE COMPANY, a Pennsylvania Corporation Plaintiff-Appellant, v. POLYVISION CORPORATION, a New York Corporation, formerly known as Information Display Technology, Defendant-Third-Party-Plaintiff-Appellee, Sovereign Commercial Group, Inc., Third-Party-Defendant-Appellee, Pierce & Stevens Corporation, Sovereign Specialty Chemicals, Inc., and Sovereign Specialty Chemicals, L.P., Third-Party-Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 17, 2007.


Attorney(s) appearing for the Case

Gary A. Wilson (John W. Dornberger on the brief), Post & Shell, P.C., Philadelphia, PA, for Plaintiff-Appellant.

Michael C. Modansky, Bivona & Cohen, P.C., New York, N.Y. (James A. Gallagher, Jr., Gallagher Gosseen Faller & Crowley, Garden City, NY, on the brief), for Defendant-Third-Party-Plaintiff-Appellee.

Steven E. Garry, Costello Shea & Gaffney LLP, New York, NY, for Third-Party-Defendant-Appellee.

Before: WINTER, CABRANES, and POOLER, Circuit Judges.


WINTER, Circuit Judge:

Reliance Insurance Company ("RIC"), a Pennsylvania insurance company now in liquidation, appeals from Judge Wexler's dismissal of its claims against PolyVision Corporation ("PolyVision"). RIC concededly brought the claim after the expiration of the applicable statute of limitations. However, it argues that because an identical action had been timely brought in New York state court by Reliance Insurance Company of New York ("RNY") — a...

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