100 A.D.2d 820 | N.Y. App. Div. | 1984
Order, Supreme Court, New York County (Grossman, J.), entered March 11, 1983, which, inter alia, denied defendant’s motion for partial summary judgment dismissing that portion of the first cause of action seeking “incidental damages” in the amount of $442,586 and money damages in the sum of $175,000, unanimously modified, on the law, without costs or disbursements, to grant the motion insofar as the claim for incidental expenses is concerned, and, except as thus modified, affirmed. 11 Plaintiff, an insured under an advertiser’s liability policy, settled a lawsuit against it by Consolidated Foods Corporation for trademark infringement and unfair competition arising out of the packaging and advertising of plaintiff’s product, L’Eggs pantyhose. Trademark infringement was excluded under the policy. Unfair competition was not. Shortly after the commencement of the underlying action plaintiff and defendant had agreed that except for a trademark