GOLDNER v. OTSEGO MUT. FIRE INS. CO.


68 Misc.2d 1003 (1972)

Nathan Goldner et al., Doing Business as Singer's Restaurant, Plaintiffs, v. Otsego Mutual Fire Insurance Company et al., Defendants.

Supreme Court, Trial Term, Sullivan County.

February 3, 1972


Attorney(s) appearing for the Case

Sidney Orseck for plaintiffs. Bouck & Holloway (Francis J. Holloway of counsel), for defendants.


A. FRANKLIN MAHONEY, J.

The parties to this action have assumed, without admitting, certain facts. Plaintiffs were the owners of a building in Liberty, New York, in which they conducted a restaurant business. Defendants had in effect on July 28, 1969 policies of insurance covering the premises. Torrential rains fell on Liberty causing a stream, immediately to the rear of the insured premises, to overflow its banks on July 28, 1969. Flood waters surrounded...

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