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GINSBERG v. NEW YORK PROP. INS. UNDERWRITING ASS'N

210 A.D.2d 130 (1994)

620 N.Y.S.2d 52

Robert M. Ginsberg, Appellant, v. New York Property Insurance Underwriting Association, Respondent

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

December 15, 1994

In this action to recover under a wind insurance policy, the issue of whether coverage was excluded because the destruction of plaintiff's summer home was proximately caused by a flood condition was for the jury to determine. Although the successive causation question in Album Realty Corp. v American Home Assur. Co. (80 N.Y.2d 1008, rearg denied 81 N.Y.2d 784) is distinguishable from the concurrent causation question here...

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