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RAYMOND CORP v. NATL UNION CO

5 N.Y.3d 157 (2005)

833 N.E.2d 232

800 N.Y.S.2d 89

RAYMOND CORPORATION et al., Respondents, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Appellant.

Court of Appeals of the State of New York.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Fiedelman & McGaw, Jericho (Andrew Zajac of counsel), Cozen O'Connor, Philadelphia, Pennsylvania, and Mitchell, Goris & Knych, Cazenovia, for appellant.

Powers Santola, LLP, Albany (Michael J. Hutter of counsel), and Nixon Peabody LLP, Rochester (William S. Brandt of counsel), for respondents.

Before: Chief Judge KAYE and Judges G.B. SMITH and CIPARICK concur with Judge READ; Judge R.S. SMITH dissents and votes to affirm in a separate opinion in which Judges ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

READ, J.

Plaintiff Raymond Corporation manufactures sideloader forklifts.1 Defendant National Union Fire Insurance Company of Pittsburgh, Pa. is Raymond's primary liability insurer. At the time of the accident prompting this lawsuit, plaintiff TBS Group, Inc., formerly Arbor Handling Services, Inc., was one of Raymond's vendors. The issue on this appeal is...

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