CALKINS v. MERCHS. MUT. INS. CO.


59 A.D.2d 1052 (1977)

Harold Calkins, Respondent, v. Merchants Mutual Insurance Company, Appellant, and PPG Industries, Inc., Coatings & Resins Division of PPG Industries, Inc., Respondent, et al., Defendant

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

November 14, 1977


Judgment unanimously affirmed, with costs.

Memorandum:

Defendant Merchants Mutual Insurance Company (Merchants) appeals from a judgment which declared that it is obligated to defend plaintiff-respondent in a personal injury action brought against him by one Martin Lebender. The alleged injury to Lebender on July 28, 1972 occurred when he was cutting through a steel barrel or drum which he had obtained from respondent's place of business. The respondent has...

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