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ACE FIRE UNDERWRITER'S INSURANCE COMPANY v. ITT INDUSTRIES, INC.

55 A.D.3d 346 (2008)

865 N.Y.S.2d 197

ACE FIRE UNDERWRITER'S INSURANCE COMPANY et al., Appellants, v. ITT INDUSTRIES, INC., et al., Defendants, and LIBERTY MUTUAL INSURANCE COMPANY, Respondent.

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

October 7, 2008.

The motion court, after examining the submitted documentary evidence, appropriately concluded that plaintiffs could not, as a matter of law, maintain a claim for contribution as against Liberty Mutual (see Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76, 81 [1999], affd 94 N.Y.2d 659 [2000]; CPLR 3211 [a] [7]). The evidence establishes that plaintiffs and Liberty Mutual were not coinsurers...

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