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CERTAIN UNDERWRITERS AT LLOYD'S, LONDON v. NL INDUS., INC.

Index No. 650103/14. Appeal No. 15282. Case No. 2021-00241.

203 A.D.3d 595 (2022)

164 N.Y.S.3d 607

2022 NY Slip Op 02056

Certain Underwriters at Lloyd's, London et al., Appellants, v. NL Industries, Inc., Respondent, and Ace American Insurance Company et al., Appellants.

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

Decided March 24, 2022.

Attorney(s) appearing for the Case

O'Melveny & Myers LLP, Washington, DC ( Jonathan D. Hacker of the bar of the District of Columbia, admitted pro hac vice, of counsel), and Zuckerman Spaeder LLP, New York ( Carl S. Kravitz of counsel), for appellants.

Law Offices of Joel L. Herz, New York ( Joel L. Herz of counsel), for respondent.

Concur—Gische, J.P., Kern, Moulton, Kennedy, Rodriguez, JJ.

After the judgment was, to the extent relevant here, affirmed on appeal (People v ConAgra Grocery Prods. Co., 17 Cal App 5th 51, 227 Cal.Rptr.3d 499 [2017], cert denied 586 US ___, 139 S.Ct. 377 [2018]), the insurers brought this declaratory judgment action pursuant to CPLR 3001 for a declaration that no coverage obligation was owed to NL for the Santa Clara abatement. Supreme Court...

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