Westervelt v. Dryden Mutual Insurance

—Graffeo, J.

Appeal from an order of the Supreme Court (Ellison, J.), entered June 5, 1997 in Schuyler County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Bruce Austic had a contract to deliver corn feed to plaintiff’s *878pig farm and, in September 1992, instead of using his own feed supply, Austic delivered corn feed that he had purchased from Agway Corporation. The corn was allegedly contaminated with mycotoxins, resulting in the serious illness or death of plaintiffs’ livestock. Thereafter, in January 1993 plaintiffs commenced an action against…