LIPTON, INC. v. LIBERTY MUT. INS. CO.


34 N.Y.2d 356 (1974)

Thomas J. Lipton, Inc., Respondent-Appellant, v. Liberty Mutual Insurance Company, Appellant-Respondent, and Alfonso Gioia & Sons, Inc., Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 13, 1974.


Attorney(s) appearing for the Case

Stephen V. Lines and William T. Lehman for appellant-respondent.

Michael T. Tomaino for Thomas J. Lipton, Inc., respondent-appellant.

Robert Oppenheimer for Alfonso Gioia & Sons, Inc., respondent-appellant.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS concur.


JONES, J.

This appeal calls for an interpretation of exclusionary clauses in products liability insurance policies.

Gioia sold enriched macaroni and egg noodles, manufactured by it, to Lipton for inclusion by Lipton in its soups which in turn are sold in a Nation-wide market. When it was discovered that some of the macaroni and noodles were contaminated Lipton took immediate steps to withdraw its six...

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