SIMKOWITZ v. FIREMEN'S FUND INSURANCE COMPANY


5 A.D.3d 283 (2004)

774 N.Y.S.2d 684

ISIDORE B. SIMKOWITZ et al., Appellants, v. FIREMEN'S FUND INSURANCE COMPANY, Defendant, and NATIONAL SURETY CORPORATION, Respondent.

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

March 23, 2004.


Under Administrative Code of the City of New York § 27-922 (d), enacted after the subject prewar buildings were constructed, upon discovery of a gas leak, the entire gas system must be shut down for integrity testing, which involves pressures much greater than normal. In this case, after leaks were discovered in the building that concededly were the result of normal deterioration, and the mandated integrity testing completed, numerous additional leaks were discovered...

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