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Minerals Tech. Inc. v. Pfizer Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 2003
309 A.D.2d 525 (N.Y. App. Div. 2003)

Opinion

1774

October 7, 2003.

Order, Supreme Court, New York County (Helen Freedman, J.), entered November 6, 2002, which granted defendant's motion to dismiss the complaint pursuant to CPLR 3211(a)(3) and (7) and denied plaintiff's cross motion for leave to replead pursuant to CPLR 3211(e), unanimously affirmed, with costs.

Julie E. Steiner, for plaintiff-appellant.

John Patrick Deveney, for defendant-respondent.

Before: Buckley, P.J., Nardelli, Mazzarelli, Ellerin, Lerner, JJ.


In this action for reimbursement of the costs of legal defense pursuant to an agreement between the parties' subsidiaries, the motion court correctly found that, construing the governing indemnification provision strictly (see Dunham v. Weissman, 281 A.D.2d 220, 222, lv denied in part and dismissed in part 96 N.Y.2d 851), the products liability action for which plaintiff sought defense costs did not fall within such provision. We further note that plaintiff lacked standing to enforce the rights of its subsidiary (see Alexander Alexander of New York v. Fritzen, 114 A.D.2d 814, 815, affd 68 N.Y.2d 968) since, when the governing agreement was amended to extend certain indemnification rights to plaintiff, the defense provision (Art. 10.06) was not among them.

Leave to replead was properly denied ( see Lesesne v. Lesesne, 292 A.D.2d 507, 509), a conclusion supported by appellant's failure to include in the record the papers submitted in support of such request ( see Cole v. Irizarry, 307 A.D.2d 890, 2003 N.Y. App. Div LEXIS 9056, *3-*4).

We have considered plaintiff's other contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Minerals Tech. Inc. v. Pfizer Inc.

Appellate Division of the Supreme Court of New York, First Department
Oct 7, 2003
309 A.D.2d 525 (N.Y. App. Div. 2003)
Case details for

Minerals Tech. Inc. v. Pfizer Inc.

Case Details

Full title:MINERALS TECHNOLOGIES INC., Plaintiff-Appellant, v. PFIZER INC.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 7, 2003

Citations

309 A.D.2d 525 (N.Y. App. Div. 2003)
765 N.Y.S.2d 596

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