UTICA MUT. INS. CO. v. PRUDENTIAL PROP. & CAS. INS. CO.


64 N.Y.2d 1049 (1985)

Utica Mutual Insurance Company, Respondent, v. Prudential Property and Casualty Insurance Company, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided April 23, 1985.


Attorney(s) appearing for the Case

James R. McCarl for appellant.

Bernard J. Sommers and H. W. Bernstein for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, for the reasons stated in the opinion of Justice Leon D. Lazer (103 A.D.2d 60).

We add that Prudential's argument based upon Warner Hardware Co. v Allstate Ins. Co. (309 Minn. 529, 245 N.W.2d 223) that the risk involved is a general business risk covered by...

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