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WESTERVELT v. DRYDEN MUT. INS. CO.

252 A.D.2d 877 (1998)

676 N.Y.S.2d 358

Gary Westervelt et al., Appellants, v. Dryden Mutual Insurance Company, Respondent

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

July 30, 1998

Graffeo, J.

Bruce Austic had a contract to deliver corn feed to plaintiff's pig farm and, in September 1992, instead of using his own feed supply, Austic delivered corn feed that he had purchased from Agway Corporation. The corn was allegedly contaminated with mycotoxins, resulting in the serious illness or death of plaintiffs' livestock. Thereafter, in January 1993 plaintiffs commenced an action against Austic...

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