KUO v. HOME INS. CO.


117 A.D.2d 320 (1986)

Livingstone Kuo et al., Appellants, v. Home Insurance Company, Respondent

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

May 19, 1986


Attorney(s) appearing for the Case

DiNardo & Gilmartin (Robert E. DiNardo of counsel), for appellants.

Bouck, Holloway, Kiernan & Casey (Mary Ann D. Allen of counsel), for respondent.

BROWN, J. P., WEINSTEIN and EIBER, JJ., concur.


NIEHOFF, J.

As the parties acknowledge, this is a case of first impression in this State.

The plaintiffs, Livingstone Kuo and Maiwha Kuo, appeal from so much of an order of the Supreme Court, Orange County, as granted that branch of the defendant Home Insurance Company's motion for summary judgment which was to dismiss the claim for "freeze-up" damages to their building, allegedly caused by an act of...

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