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MT. McKINLEY INSURANCE COMPANY v. CORNING INCORPORATED

3343N, 602454/02.

81 A.D.3d 498 (2011)

918 N.Y.S.2d 22

MT. McKINLEY INSURANCE COMPANY et al., Plaintiffs, v. CORNING INCORPORATED, Appellant, and CENTURY INDEMNITY COMPANY et al., Respondents, et al., Defendants.

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

Decided February 15, 2011.

In this action seeking a declaratory judgment establishing entitlement to insurance coverage for defense and/or indemnification, the IAS court did not abuse its discretion in ordering the subject documents produced (see Ulico Cas. Co. v Wilson, Elser, Moskowitz, Edelman & Dicker, 1 A.D.3d 223, 224 [2003]). The motion court properly held that Corning failed to establish that the subject documents were protected by the common...

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