Approved Pharmaceutical Corp. v. Putter

Appellate Division of the Supreme Court of New York

Approved Pharmaceutical Corp. v. Putter

127 A.D.2d 978, 513 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 43465

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

DecidedFebruary 27, 1987

StatusPublished

Cited by1 cases

This text of 127 A.D.2d 978 (Approved Pharmaceutical Corp. v. Putter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Approved Pharmaceutical Corp. v. Putter, 127 A.D.2d 978, 513 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 43465 (N.Y. Ct. App. 1987).

Pincite

Opinion

Order unanimously modified on the law by deleting the second decretal paragraph, and as modified affirmed without costs. Memorandum: Special Term correctly denied defendant insurance companies’ motions to dismiss. We do not, however, agree with Special Term that an order compelling the insurance companies to defend the action brought against Approved Pharmaceutical for indemnity should have been granted. Before applying the principles set forth in O’Dowd v American Sur. Co. (3 NY2d 347), there must first be a determination that liability coverage exists. No such determination has been made. (Appeal from order of Supreme Court, Onondaga County, Balio, J. — summary judgment-declaratory judgment.) Present —Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order unanimously modified on the law by deleting the second decretal paragraph, and as modified affirmed without costs. Memorandum: Special Term correctly denied defendant insurance companies’ motions to dismiss. We do not, however, agree with Special Term that an order compelling the insurance companies to defend the action brought against Approved Pharmaceutical for indemnity should have been granted. Before applying the principles set forth in O’Dowd v American Sur. Co. (3 NY2d 347), there must first be a determination that liability coverage exists. No such determination has been made. (Appeal from order of Supreme Court, Onondaga County, Balio, J. — summary judgment-declaratory judgment.) Present —Callahan, J. P., Denman, Green, Pine and Lawton, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

127 A.D.2d 978, 513 N.Y.S.2d 53, 1987 N.Y. App. Div. LEXIS 43465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/approved-pharmaceutical-corp-v-putter-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack