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CUPPLES PRODS. DIV. OF H.H. ROBERTSON CO. v. MORGAN GUAR. TRUST CO. OF NEW YORK

199 A.D.2d 206 (1993)

606 N.Y.S.2d 2

Cupples Products Division of H.H. Robertson Company, Plaintiff, v. Morgan Guaranty Trust Company of New York et al., Respondents, and Federal Insurance Company, Appellant, et al., Defendants

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

December 28, 1993

We affirm the order denying Federal's motion for summary judgment, albeit on slightly different grounds than those expressed by the IAS Court. In view of the strong public policy embodied in the licensing requirements of the Education Law (see, Richards Conditioning Corp. v Oleet, 21 N.Y.2d 895), and the lack of manifest prejudice, we discern no basis for precluding the previously unpleaded defense of illegality asserted on...

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