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NATIONAL UNION v. TRANSCANADA

650515/2010.

40 Misc.3d 703 (2013)

967 N.Y.S.2d 636

2013 NY Slip Op 23202

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, et al., Plaintiffs, v. TRANSCANADA ENERGY USA, INC., et al., Defendants. TC RAVENSWOOD, LLC, Plaintiff, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Also Known as AIG, Now Known as CHARTIS, et al., Defendants.

Supreme Court, New York County.

Decided June 14, 2013.

Attorney(s) appearing for the Case

Anderson Kill & Olick, P.C., New York City ( John G. Nevius , John M. O'Connor and Kathleen Donovan of counsel), for defendants in the first above-entitled action and plaintiff in the second above-entitled action. Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman, P.C., New York City ( Henry J. Catenacci , H. Richard Chattman and Gregory D. Miller of counsel), for Factory Mutual Insurance Company, defendant.

OPINION OF THE COURT

BARBARA JAFFE, J.

By notices of motion dated October 18, 2012, TransCanada Energy USA, Inc., TC Ravenswood Services Corp., and TC Ravenswood, LLC (collectively, TransCanada) move pursuant to CPLR 3108, 3111, and 3120 for an order for an open commission to obtain documents and deposition testimony from a corporate representative of Failure Analysis & Prevention, Inc. (FAP) and Michael Casey, both Rhode Island residents. Defendant...

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