McGROARTY v. GREAT AMER. INS.


36 N.Y.2d 358 (1975)

John McGroarty, Respondent, v. Great American Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided March 26, 1975.


Attorney(s) appearing for the Case

Harold H. Wolgel, Samuel Gottesman and Stephen H. Marcus for appellant.

Morton N. Wekstein and Richard W. Fulfree for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur.


GABRIELLI, J.

The central question is whether an accident occurred as the meaning of that term is contemplated in the policy of insurance issued by defendant, where plaintiff's building gradually cracked, settled and was damaged over a period of several months due to the continuing excavation and construction on certain adjacent property owned by the insured. The majority of the Appellate Division held that these...

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