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BIJAN v. FIREMAN'S FUND INS.

264 A.D.2d 48 (2000)

705 N.Y.S.2d 30

BIJAN DESIGNER FOR MEN, INC., Respondent-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Appellant-Respondent.

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

March 9, 2000.

Attorney(s) appearing for the Case

Robert M. Horkovich and John Gasior of counsel (Anderson Kill & Olick, P. C., attorneys), for respondent-appellant.

Frederic R. Mindlin and Mark J. Weber of counsel (Mound, Cotton & Wollan, and Clausen Miller, P. C., attorneys), for appellant-respondent.

SULLIVAN, P. J., NARDELLI, WALLACH and SAXE, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The question presented by this appeal concerns the meaning of the phrase "manufactured by you" in the context of a commercial insurance policy. We conclude that under the terms of the policy plaintiff did not manufacture the clothing destroyed by a fire, notwithstanding that a designer such as plaintiff may be loosely considered a manufacturer within the parlance of the fashion industry.

Plaintiff (Bijan) is a designer...

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