Legal Opinion

New York Municipal Insurance Reciprocal v. International Truck & Engine Corp.

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

Decided October 23, 2014Published

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Devine, J.), entered March 4, 2013 in Schoharie County, which granted a motion by defendant Viking-Cives USA, Inc. for summary judgment dismissing the complaint against it.

Following a fire in a garage owned and operated by the County of Schoharie, plaintiff conducted an investigation revealing that the fire had started in a truck that the County had purchased from defendant International Truck & Engine Corporation over five years earlier. At the time of the purchase, the County had contracted with defendant Viking-Cives USA, Inc. (hereinafter…

2Cases cited10 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
  3. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
  4. Liriano v. Hobart Corp.New York Court of Appeals · 1998
  5. Gray v. South Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2009

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