SMITH PONTIAC-GMC TRUCK CTR., INC. v. HARTFORD ACCIDENT INDEM. CO.


194 A.D.2d 906 (1993)

599 N.Y.S.2d 308

Smith Pontiac-GMC Truck Center, Inc., Respondent, v. Hartford Accident Indemnity Company, Appellant

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

June 10, 1993


Mahoney, J.

At issue in this appeal is defendant's obligation to defend plaintiff on two third-party complaints. The facts are undisputed. In 1984 plaintiff, a franchised Pontiac dealer, was scheduled to receive for sale a certain 1984 Pontiac Fiero from the factory. While title documents were issued to it, due to an apparent delivery error the Fiero destined for plaintiff's dealership was delivered to Arrow Pontiac, Inc. (hereinafter Arrow), another...

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