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MONARCH CORTLAND v. COLUMBIA

224 A.D.2d 135 (1996)

646 N.Y.S.2d 904

Monarch Cortland, a Division of Monarch Machine Tool Company, Inc., Respondent-Appellant, v. Columbia Casualty Company, Appellant-Respondent

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

August 22, 1996

Attorney(s) appearing for the Case

Sugarman, Wallace, Manheim & Schoenwald, Syracuse (Timothy J. Perry of counsel), for appellant-respondent.

Hancock & Estabrook, L. L. P., Syracuse (Alan J. Pierce and Carl W. Peterson of counsel), for respondent-appellant.

MERCURE, J. P., CREW III, PETERS and SPAIN, JJ., concur.

CASEY, J.

Defendant agreed to defend plaintiff in a personal injury action brought by William Simmons against plaintiff and others in Massachusetts (see, Simmons v Monarch Mach. Tool Co., 413 Mass. 205, 596 N.E.2d 318). The injuries to Simmons resulted from a tool change operation that involved products manufactured and supplied...

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