BUDD LOOMS, INC. v. AM. CAS. CO. OF READING, PA.


37 N.Y.2d 738 (1975)

Budd Looms, Inc., Appellant, v. American Casualty Company of Reading, Pa., Respondent. (And Third- and Fourth-Party Actions.)

Court of Appeals of the State of New York.

Decided June 26, 1975.


Attorney(s) appearing for the Case

Mark E. Abrams, Henry H. Abrams, Alan Jay Martin and Florence D. Horowitz for appellant.

Ernest E. Rosenberg and Seymour J. Ugelow for respondent.

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


MEMORANDUM.

Although this is an "all risk" policy there was a specific exclusion relating to damages caused by, or resulting from surface water. Nevertheless, on this record, the Appellate Division properly granted summary judgment to the defendant (see memorandum at the Appellate Division).

Order affirmed, with costs, in...

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