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ROOFERS' TRAINING v. GEN INS

275 A.D.2d 90 (2000)

713 N.Y.S.2d 615

ROOFERS' JOINT TRAINING, APPRENTICE AND EDUCATIONAL COMMITTEE OF WESTERN NEW YORK, Respondent, v. GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, Appellant, et al., Defendants.

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

September 29, 2000.

Attorney(s) appearing for the Case

Traub Eglin Lieberman Straus, Hawthorne (Meryl R. Lieberman of counsel), for appellant.

Lipsitz, Green, Fahringer Roll, Buffalo (John Albert Collins of counsel), for respondent.

GREEN, J.P., PINE, KEHOE and BALIO, JJ., concur.

OPINION OF THE COURT

WISNER, J.

Plaintiff commenced this action seeking a declaration of rights under a policy of commercial general liability insurance with respect to an action filed by George Rickard (Rickard) seeking damages for injuries resulting from the exposure to toxic fumes during a construction safety course conducted by plaintiff. The fumes were released when a roofing membrane was applied with a hot air gun during a classroom demonstration....

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