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CERTAIN UNDERWRITERS AT LLOYDS, LONDON v. MILLENNIUM HOLDINGS LLC

52 A.D.3d 295 (2008)

861 N.Y.S.2d 3

CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Plaintiff, v. MILLENNIUM HOLDINGS LLC et al., Respondents, and AIU INSURANCE COMPANY et al., Appellants, et al., Defendants, CERTAIN UNDERWRITERS AT LLOYDS, LONDON, Appellant, v. MILLENIUM HOLDINGS LLC et al., Defendants, NL INDUSTRIES INC., Respondent, and EMPLOYERS MUTUAL CASUALTY COMPANY et al., Appellants.

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

Decided June 10, 2008.

Deference to the long-pending comprehensive Ohio action was warranted, as we ruled in this case in October 2007 (44 A.D.3d 536, 537 [2007]); the first-filed rule does not govern here (see ACE Fire Underwriters Ins. Co. v ITT Indus., Inc., 44 A.D.3d 404, 405 [2007]). Travelers was not entitled to summary judgment on its defense of release; the interpretation of the settlement agreement at issue...

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