LEASEWAY OF CENT. NEW YORK v. CLIMAX MFG. CO., INC.


81 A.D.2d 1038 (1981)

Leaseway of Central New York, Respondent, v. Climax Manufacturing Co., Inc., Appellant

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

May 27, 1981


Order and judgment unanimously reversed, with costs, defendant's motion granted and complaint dismissed.

Memorandum:

In 1971 the parties entered into a lease whereby plaintiff leased certain vehicles to defendant. The agreement, prepared by plaintiff, provided that plaintiff would obtain liability insurance for the vehicles, which was to be primary, and naming both parties as insured. Schedule A of the contract specified plaintiff would obtain "Automobile...

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