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UNITED NATIONAL INS. CO. v. TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

5835. 652639/15.

158 A.D.3d 593 (2018)

68 N.Y.S.3d 881

2018 NY Slip Op 01292

UNITED NATIONAL INSURANCE COMPANY, Appellant, v. TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA et al., Defendants, and ZURICH-AMERICAN INSURANCE COMPANY, Respondent.

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

Decided February 27, 2018.

The motion court properly dismissed plaintiff's first and second causes of action for "equitable indemnity" and fourth cause of action for "equitable reapportionment" as against Zurich since there is no recognized cause of action for equitable indemnity or equitable reapportionment under New York law. Furthermore, even assuming that truth of the facts as alleged by plaintiff, these claims do not "state[] the elements of a legally cognizable cause of action" (P.T. Bank...

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