STEVE'S PIER ONE, INC. v. INS. CO. OF NORTH AM.


131 A.D.2d 834 (1987)

Steve's Pier One, Inc., et al., Appellants, v. Insurance Company of North America, Respondent

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

June 29, 1987


Ordered that the order is affirmed, with costs.

The policy upon which the plaintiffs sue explicitly excludes from coverage flooding, which is defined as "the overflow from a stream or any other body of water. It also means surface water, waves, tidal waves, movements, or spray from any of these, whether driven by wind or not". Viewing the facts in the light most favorable to the plaintiffs, as we must on the defendant's motion for summary judgment, the only reasonable...

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