TRAVELERS PROPERTY CASUALTY v. GIORGIO


21 A.D.3d 1086 (2005)

803 N.Y.S.2d 614

TRAVELERS PROPERTY CASUALTY, Appellant, v. ANTHONY GIORGIO, Respondent.

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

September 26, 2005.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

On December 28, 1998, Anthony Roffi and Deborah Roffi (hereinafter the insureds) purchased certain real property (hereinafter the property) from the defendant. Subsequent thereto, water accumulation and flooding allegedly damaged the property. On August 14...

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