KANNATT v. VALLEY FORGE INS. CO., INC.


228 A.D.2d 564 (1996)

644 N.Y.S.2d 530

Evelyn Kannatt et al., Respondents, v. Valley Forge Insurance Company, Inc., Appellant

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

June 17, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion for summary judgment is granted, the plaintiffs' motion for leave to serve an amended complaint is denied as academic, and the complaint is dismissed.

The plaintiffs' basement was flooded after a heavy rainstorm. Their homeowner's insurance policy, issued by the defendant, contained an exclusion for "loss caused directly or indirectly by * * * flood, surface...

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