BENNETT v. STATE FARM FIRE & CAS. CO.

2014-11292, Index No. 602582/14.

137 A.D.3d 727 (2016)

26 N.Y.S.3d 550

2016 NY Slip Op 01453

RICHARD BENNETT et al., Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, Respondent, et al., Defendants.

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

Decided March 2, 2016.


Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant State Farm Fire and Casualty Company which was pursuant to CPLR 3211 (a) to dismiss the cause of action alleging negligence insofar as asserted against it, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

This action arises from an oil contamination...

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