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AGCO CORPORATION v. NORTHROP GRUMMAN SPACE & MISSION SYSTEMS CORPORATION

61 A.D.3d 562 (2009)

878 N.Y.S.2d 20

AGCO CORPORATION, Plaintiff, v. NORTHROP GRUMMAN SPACE & MISSION SYSTEMS CORPORATION et al., Respondents, and LUCASVARITY AUTOMOTIVE HOLDING COMPANY et al., Appellants.

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

Decided April 23, 2009.

In the master purchase agreement (MPA) at issue, which is governed by Delaware law, defendant TRW agreed to assume all "Automotive Liabilities," which are defined as "all Liabilities arising primarily from the conduct of the Automotive Business... including ... any such Liabilities arising out of or related to asbestos-related product liability Claims or Liabilities." "Automotive Business" is defined as "the business of designing...

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