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PEPSICO, INC. v. WINTERTHUR INTERNATIONAL AMERICA INSURANCE COMPANY

24 A.D.3d 743 (2005)

806 N.Y.S.2d 709

PEPSICO, INC., et al., Respondents, v. WINTERTHUR INTERNATIONAL AMERICA INSURANCE COMPANY, Appellant, et al., Defendant.

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

December 27, 2005.

Ordered that the order is affirmed, with costs.

On a prior appeal in this case, which involves "off-tasting" soft drink products manufactured by the plaintiffs Pepsico, Inc., and Pepsi Bottling Group, Inc. (hereinafter collectively Pepsico), resulting from faulty raw ingredients supplied by third-party suppliers (see Pepsico, Inc. v. Winterthur Intl. Am. Ins. Co., 13 A.D.3d 599 [2004]), the defendant Winterthur International...

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