ACE Fire Underwriters Insurance v. ITT Industries, Inc.

Order, Supreme Court, New York County (Herman Cahn, J.), entered July 20, 2007, which, to the extent appealed from, granted plaintiff Pacific Employers Insurance Company’s motion to dismiss defendant ITT Industries, Inc.’s first, fourth, seventh and eighth counterclaims for failure to state a cause of action, unanimously affirmed, with costs. Order, same court and Justice, entered August 21, 2007, which granted defendant’s motion pursuant to CPLR 327 to sever and stay, pending resolution of a California action, plaintiffs remaining claim for a declaration regarding its contractual obligation,…