TRAVELERS CASUALTY AND SURETY COMPA v. CORNING INCORPORATED

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 1010 CA 15-00295 PRESENT: SCUDDER, P.J., SMITH, LINDLEY, VALENTINO, AND WHALEN, JJ. TRAVELERS CASUALTY AND SURETY COMPANY, FORMERLY KNOWN AS THE AETNA CASUALTY AND SURETY COMPANY, AND THE TRAVELERS INDEMNITY COMPANY, AS SUCCESSOR IN INTEREST TO GULF INSURANCE COMPANY, PLAINTIFFS-RESPONDENTS, V ORDER CORNING INCORPORATED, FORMERLY KNOWN AS CORNING GLASS WORKS, CORNING OAK HOLDING INC., FORMERLY KNOWN AS OAK INDUSTRIES INC., OAKGRIGSBY, INC., DEFENDANTS-APPELLANTS, AND H.W. HOLDING CO., FORMERLY KNOWN AS HARPER-WYMAN COMPANY, COUNTERCLAIMANT. WARD GREENBERG HELLER & REIDY LLP, ROCHESTER (KEVIN T. MERRIMAN OF COUNSEL), FOR DEFENDANTS-APPELLANTS. DENTONS US LLP, CHICAGO, ILLINOIS (DONNA J. VOBORNIK, OF THE ILLINOIS AND WISCONSIN BARS, ADMITTED PRO HAC VICE, OF COUNSEL), AND KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO, FOR PLAINTIFFS-RESPONDENTS. Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Matthew A. Rosenbaum, J.), entered September 22, 2014. The judgment, among other things, granted the motion of plaintiffs for partial summary judgment and denied the motion of defendants for partial summary judgment. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: October 2, 2015 Frances E. Cafarell Clerk of the Court