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PREFERRED MUTUAL INSURANCE COMPANY v. NEW YORK FIRE-SHIELD, INC.

63 A.D.3d 1249 (2009)

880 N.Y.S.2d 744

PREFERRED MUTUAL INSURANCE COMPANY, Appellant, v. NEW YORK FIRE-SHIELD, INC., Defendant and Third-Party Plaintiff-Appellant. AVERSA AGENCY, INC., Third-Party Defendant-Respondent.

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

Decided June 4, 2009.

McCarthy, J.

Defendant manufactures fire and flame retardant products, including a product known as "Inspecta-Shield." On October 28, 2004, two United States Marines were severely burned while wearing an item of camouflage clothing known as a "ghillie suit" in the course of a miliary exercise. The ghillie suits were manufactured by a company known as Ghillie Suits.Com, Inc. and sold with a small bottle of fire retardant...

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