Legal Opinion

Lurgi Metallurgie GmbH v. Industrial Risk Insurers

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1999PublishedCited by 2 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Stanley Parness, J.), entered on or about June 16, 1998, which denied petitioner’s application to stay arbitration demanded by respondent, unanimously affirmed, without costs.

The IAS Court correctly held that Nevada’s, rather than Colorado’s, statute should apply, Nevada being the location of the plant that was the subject of the construction contract between petitioner and respondent’s insured, the place where such contract was executed and in large part performed, and the place of petitioner’s alleged negligence and breach of contract (see, Insurance…

2Cases cited3 opinions

S.S.D.W. Co. v. Brisk Waterproofing Co.New York Court of Appeals · 1990
Insurance Co. of North America v. ABB Power Generation, Inc.New York Court of Appeals · 1997
Paul Tishman Co., Inc. v. Carney & Del Guidice, Inc.New York Court of Appeals · 1974

3Cited by2 opinions

St. Paul Fire & Marine Ins. v. FD Sprinkler Inc.Appellate Division of the Supreme Court of the State of New York · 2010
St. Paul Fire & Marine Insurance v. L.E.S. Subsurface Plumbing Co.Appellate Division of the Supreme Court of the State of New York · 1999