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STURGES MFG. CO. v. UTICA MUT. INS.

45 A.D.2d 52 (1974)

Sturges Manufacturing Company, Appellant, v. Utica Mutual Insurance Company, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 13, 1974.

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell & Case (James S. Carter of counsel), for appellant.

Martin, Noonan, Hislop, Troue & Shudt (William E. Noonan of counsel), for respondent.

STALEY, JR., J. P., SWEENEY and REYNOLDS, JJ., concur with GREENBLOTT, J.; KANE, J., dissents and votes to reverse in an opinion.

GREENBLOTT, J.

This is another in what appears to be a growing series of cases involving the duty of an insurance company to defend its insured under a policy of products liability insurance in an action arising out of the purchase and sale of defective merchandise where there is no personal or property damage in the classic tort sense. In 1971, plaintiff manufactured and sold to the Americana Ski Company runaway...

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