GARNAR v. NEW YORK CENT. MUT. FIRE INS. CO.

2012-00898.

96 A.D.3d 715 (2012)

946 N.Y.S.2d 199

2012 NY Slip Op 4317

CHARLES W. GARNAR, JR., et al., Respondents, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Appellant.

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

June 6, 2012.


Ordered that the order is affirmed, with costs.

The plaintiffs alleged that, in February 2010, they discovered that a large quantity of oil had been deposited by unknown persons into the basement of their home. The plaintiffs' home is heated by natural gas. The plaintiffs filed a claim under an insurance policy issued by the defendant. The defendant denied the claim on the ground that the loss was not caused by a named peril under the policy. The plaintiffs then commenced...

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