Tel-Tru Manufacturing Co. v. Brandt

167 A.D.2d 845, 561 N.Y.S.2d 952, 1990 N.Y. App. Div. LEXIS 14385

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 16, 1990
• Status: Published

Opinion

Order unanimously affirmed with costs. Memorandum: We affirm for reasons stated in the memorandum decision at Supreme Court, Galloway, J. In doing so, we acknowledge that this court was partially incorrect in its decision in Tel-Tru Mfg. Co. v North Riv. Ins. Co. (90 AD2d 670). There, we erroneously held that the product withdrawal exclusion contained in North River’s policy number 523 007383 5 excluded coverage for the underlying claim (see, Thomas J. Lipton, Inc. v Liberty Mut. Ins. Co., 34 NY2d 356). (Appeal from order of Supreme Court, Monroe County, Galloway, J.—summary judgment.) Present—Dillon, P. J., Callahan, Boomer, Green and Balio, JJ.