Legal Opinion

PENN MILLERS INSURANCE COMPANY v. C.W. COLD STORAGE, INC.

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

Decided February 1, 2013No. CA 12-01013Published

1Opinion of the Court

Appeal and cross appeal from an order of the Supreme Court, Orleans County (John A. Michalek, J.), entered January 10, 2012. The order denied the motion of plaintiff for summary judgment and denied the cross motion of defendant C.W Cold Storage, Inc. for summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the second “declaring” paragraph and as modified the order is affirmed without costs.

Memorandum: Pursuant to agreements with defendant Thruway Produce, Inc. (Thruway), C.W. Cold Storage, Inc. (defendant) stored apples that…

2Cases cited15 opinions

Vega v. Restani Construction Corp.New York Court of Appeals · 2012
Argo Corp. v. Greater New York Mutual InsuranceNew York Court of Appeals · 2005
O'Dowd v. American Surety Co.New York Court of Appeals · 1957
Medical Malpractice Insurance v. CuomoNew York Court of Appeals · 1989
Heydt Contracting Corp. v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 1989

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