GREATER NEW YORK MUT. INS. CO. v. I. KALFUS CO., INC.


37 N.Y.2d 820 (1975)

Greater New York Mutual Insurance Company, Appellant, v. I. Kalfus Co., Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided October 16, 1975.


Attorney(s) appearing for the Case

William F. McNulty, Harold M. Foster and Anthony J. McNulty for appellant.

Sherwin Grossfield for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order affirmed, with costs.

Both the trial court and a majority of the Appellate Division found as an ultimate fact that the circumstances in this case did not give insured any notice that there was a possibility of liability for any defect in the rebuilt used machine it had previously sold. Both courts stressed that insured learned of the accident only incidentally because he was called to inspect the...

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