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APPROVED PHARM. CORP. v. PUTTER

127 A.D.2d 978 (1987)

Approved Pharmaceutical Corp., Formerly Known as Beijer Drug, Inc., Plaintiff, v. David S. Putter, Defendant, and Norton S. Putter et al., Defendants and Third-Party Plaintiffs-Respondents. Liberty Mutual Insurance Company et al., Third-Party Defendants-Appellants

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

February 27, 1987

Order unanimously modified on the law by deleting the second decretal paragraph, and as modified affirmed without costs.

Memorandum:

Special Term correctly denied defendant insurance companies' motions to dismiss. We do not, however, agree with Special Term that an order compelling the insurance companies to defend the action brought against Approved Pharmaceutical for indemnity should have been granted. Before applying the principles set forth in O'Dowd...

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