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LIPTON, INC. v. LIBERTY MUT. INS.

71 Misc.2d 199 (1972)

Thomas J. Lipton, Inc., Plaintiff, v. Liberty Mutual Insurance Company et al., Defendants.

Supreme Court, Monroe County.

September 21, 1972

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (Michael T. Tomaino of counsel), for plaintiff. Lines, Wilkens, Osborn & Beck (Stephen V. Lines and H. Richard Werth of counsel), for Liberty Mutual Insurance Company, defendant. Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Arthur S. Chatman and Robert Oppenheimer of counsel), for Alfonso Gioia & Sons, Inc., defendant.

MARSHALL E. LIVINGSTON, J.

This motion for declaratory judgment is brought by Lipton because of the disclaimer by Liberty, and its refusal to defend Gioia in plaintiff's underlying action for damages, both direct and consequential, for breach of warranty and negligence in a products' liability situation.

The motion seeks an adjudication of the rights and legal obligations of the parties with respect...

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