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GEN. SPORTWEAR CO., INC. v. CASE

158 A.D.2d 884 (1990)

General Sportwear Company, Inc., Respondent-Appellant, v. Morton G. Case et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents, et al., Defendant. Morris S. Solomon et al., Third-Party Defendants-Respondents

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

February 22, 1990

Kane, J. P.

In June 1985, plaintiff was served with a summons and complaint as a third-party defendant in an Indiana personal injury lawsuit and forwarded same to its liability insurance agents at that time, third-party defendant Berger and Solomon (hereinafter Berger). Berger concluded that the incident underlying the claim against plaintiff occurred prior to its coverage thereof and returned the summons and complaint to plaintiff with a request to deliver...

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