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UNITED FOOD v. FID & CAS CO.

189 A.D.2d 74 (1993)

United Food Service, Inc., Formerly Known as Crisafulli Brothers Italian Grocers, Inc., et al., Respondents, v. Fidelity & Casualty Company of New York, Appellant, and Worcester Insurance Company, Respondent. (And a Third-Party Action.)

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

March 11, 1993

Attorney(s) appearing for the Case

Moran & Pronti, Clifton Park (Jay A. Smith of counsel), for appellant.

Ganz & Wolkenbreit, Albany (Robert E. Ganz and Deborah A. Marcantano of counsel), for United Food Service, Inc. and another, respondents.

Thuillez, Ford, Gold & Conolly, Albany (Michael J. Hutter of counsel), for Worcester Insurance Company, respondent.

YESAWICH JR., J. P., MAHONEY and HARVEY, JJ., concur.

CREW III, J.

In November 1990 plaintiff Dennis Gagnon, vice-president of sales of plaintiff United Food Service, Inc. (hereinafter United), formerly known as Crisafulli Brothers Italian Grocers, Inc., and a member of United's board of directors, attended an out-of-town business seminar. After Gagnon attended a morning meeting at the seminar, he returned to his hotel room during a break and prepared to check out...

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