NEWLO REALTY CO. v. U.S.F. & G. CORP.


213 A.D.2d 295 (1995)

624 N.Y.S.2d 33

Newlo Realty Co., Appellant, v. U.S.F. & G. Corp. et al., Respondents. (And a Third-Party Action.)

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

March 23, 1995


Assuming in plaintiff's favor that the water damage it sustained as a result of overflow from a blocked-up bathroom sink drain falls within the coverage provisions of the policy, summary judgment in favor of defendant would still be warranted since the loss falls within the exclusion for "[w]ater that backs up from a sewer or drain". There is no merit to plaintiff's argument that since the three other subclauses of the exclusion refer to events such as floods, tidal waves...

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