Certain Underwriters at Lloyd's, London v. Foster Wheeler Corporation, 1 No. 119 (N.Y. 2007)

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This memorandum is uncorrected and subject to revision before publication in the New York Reports.

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1 No. 119

Certain Underwriters at Lloyd's, London, et al., Plaintiffs, v. Foster Wheeler Corporation, Respondent, Affiliated FM Insurance Company, et al., Appellants, Allstate Insurance Co., et al., Defendants.

Clifton S. Elgarten, for appellants.

Robert A. Long, Jr., for respondent.

Honeywell International Inc.; Complex Insurance Claims Litigation Association, amici curiae.

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Order affirmed, with costs, and certified question answered in the affirmative for the reasons stated by Justice David Friedman at the Appellate Division (36 AD3d 17 [2006]). Chief Judge Kaye and Judges Ciparick, Graffeo, Smith, Pigott and Jones concur.

Judge Read took no part.

Decided October 11, 2007

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