PLATEK v. TOWN OF HAMBURG

CA 11-01716.

97 A.D.3d 1118 (2012)

948 N.Y.S.2d 797

2012 NY Slip Op 5459

FREDERICK J. PLATEK et al., Respondents, v. TOWN OF HAMBURG et al., Defendants, and ALLSTATE INDEMNITY COMPANY, Appellant.

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

July 6, 2012.


It is hereby ordered that the order so appealed from is modified on the law by vacating the declaration and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action for, inter alia, breach of contract, alleging that defendant Allstate Indemnity Company (Allstate) breached its insurance contract with plaintiffs by failing to provide coverage for water damage to the basement of their home after an abutting water main ruptured and...

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