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LATTIMORE ROAD SURGICENTER, INC. v. MERCHANTS GROUP, INC.

CA 09-01601.

71 A.D.3d 1379 (2010)

898 N.Y.S.2d 741

LATTIMORE ROAD SURGICENTER, INC., Appellant, v. MERCHANTS GROUP, INC., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 19, 2010.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking insurance coverage resulting from the rupture of a water main near an ambulatory surgical center operated by plaintiff. The ruptured water main, which was located in the basement of a professional building, in turn ruptured a portion of a nearby sewer lateral that carried wastewater from the surgical center. The remaining...

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