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APPROVED PHARM. CORP. v. PUTTER

155 A.D.2d 947 (1989)

Approved Pharmaceutical Corp., Formerly Known as Beijer Drug, Inc., Respondent, v. David S. Putter, Appellant, and Norton S. Putter et al., Defendants and Third-Party Plaintiffs-Appellants. Liberty Mutual Insurance Company et al., Third-Party Defendants-Respondents. (Action No. 1.) All Putter Company, Inc., Formerly Known as Approved Pharmaceutical Corp., Appellant, v. Liberty Mutual Insurance Company et al., Respondents. (Action No. 2.)

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

November 15, 1989

Order unanimously modified on the law and as modified affirmed with costs to defendants Putter and All Putter Company and matter remitted to Supreme Court, Onondaga County, for further proceedings, in accordance with the following memorandum:

When these actions were previously before this court, we determined that, although All Putter had been sued in action No. 1 only for contractual indemnity pursuant to its contract with Approved, that fact did not preclude a finding...

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