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ACE FIRE UNDERWRITERS INSURANCE COMPANY v. ITT INDUSTRIES, INC.

5198, 5199, 600133/06.

84 A.D.3d 688 (2011)

924 N.Y.S.2d 342

ACE FIRE UNDERWRITERS INSURANCE COMPANY, as Successor to AETNA FIRE UNDERWRITERS INSURANCE COMPANY, et al., Plaintiffs, and PACIFIC EMPLOYERS INSURANCE COMPANY, Respondent, v. ITT INDUSTRIES, INC., Formerly Known as ITT CORPORATION and Another, Appellant, et al., Defendants. ACE FIRE UNDERWRITERS INSURANCE COMPANY, as Successor to AETNA FIRE UNDERWRITERS INSURANCE COMPANY, et al., Appellants, v. ITT INDUSTRIES, INC., Formerly Known as ITT CORPORATION and Another, Respondent, et al., Defendants.

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

Decided May 31, 2011.

Supreme Court providently exercised its discretion in severing and staying plaintiff's remaining claim on the ground of forum non conveniens, since the claim has already been the subject of both a ruling on summary judgment and a decision on appeal in California (see Minton v Minton, 277 A.D.2d 103 [2000]).

The court properly dismissed defendant's breach of contract claim, since...

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