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PLATEK v. TOWN OF HAMBURG

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24 N.Y.3d 688 (2015)

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

Court of Appeals of New York.

Decided February 19, 2015.

Attorney(s) appearing for the Case

Dentons US LLP ( Robert H. King, Jr. , of the Illinois bar, admitted pro hac vice, of counsel), and Kenney Shelton Liptak Nowak LLP, Buffalo ( Alan J. DePeters of counsel), for appellant.

Lipsitz Green Scime Cambria LLP, Buffalo ( Patrick J. Mackey , and Joseph J. Manna of counsel), for respondents.

Chief Judge LIPPMAN and Judges RIVERA and ABDUS-SALAAM concur; Judge PIGOTT concurs in result in a separate opinion; Judges STEIN and FAHEY taking no part.

OPINION OF THE COURT

On September 7, 2010, a subsurface water main abutting the property of plaintiffs Frederick J. and Mary E. Platek ruptured, causing water to flood into and severely damage their home's finished basement. Plaintiffs immediately made a claim under their homeowners' insurance policy, which was issued by defendant...

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