TRAVELERS CAS. & SUR. CO. v. VALE CAN. LTD.

Index No. 654028/21. Appeal No. 17109. Case No. 2022-02197.

215 A.D.3d 507 (2023)

186 N.Y.S.3d 199

2023 NY Slip Op 01976

Travelers Casualty & Surety Company, Respondent, v. Vale Canada Limited et al., Appellants, and AIU Insurance Company et al., Respondents, et al., Defendants.

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

Decided April 18, 2023.


Attorney(s) appearing for the Case

Pillsbury Winthrop Shaw Pittman LLP, New York ( Alexander Hardiman of counsel), for Vale Canada Limited, appellant.

Michael H. Zhu , New York, for Royal & Sun Alliance Insurance Company of Canada, appellant.

Kennedys CMK LLP, New York ( Heather E. Simpson of counsel), for The North River Insurance Company and United States Fire Insurance Company, respondents.

Saiber LLC, New York ( Anthony Del Guercio of counsel), for General Reinsurance Corporation, respondent.

Day Pitney LLP, New York ( Gregory R. Bruno and Kathleen Monnes of the bar of the State of Connecticut, admitted, pro hac vice, of counsel), for Travelers Casualty and Surety Company, respondent.

Zelle LLP, New York ( Kristin A. Heres of the bar of the Commonwealth of Massachusetts, admitted pro hac vice of counsel), for Employers Insurance Company of Wausau, respondent.

Concur—Kapnick, J.P., Kennedy, Mendez, Shulman, JJ.


Order, Supreme Court, New York County (Andrew Borrok, J.), entered on or about May 10, 2022, which, to the extent appealed from as limited by the briefs, denied defendant Vale Canada Limited's motion to dismiss or stay the action and cross-claims against it pursuant to CPLR 327 based on forum non conveniens or pursuant to CPLR 3211(a)(4) in favor of actions pending in Canada, to dismiss all codefendant insurers as improperly joined...

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