Ace Fire Underwriter's Insurance v. ITT Industries, Inc.

Order, Supreme Court, New York County (Herman Cahn, J.), entered July 17, 2007, which, insofar as appealed from in this declaratory judgment action seeking a judicial determination as to insurance coverage, granted defendant Liberty Mutual Insurance Company’s motion to dismiss the complaint as against it, and directed entry of judgment in its favor, unanimously affirmed, with costs.

The motion court, after examining the submitted documentary evidence, appropriately concluded that plaintiffs could not, as a matter of law, maintain a claim for contribution as against Liberty Mutual (see Biondi v…