GREENBERG v. PRIVILEGE UNDERWRITERS RECIPROCAL EXCHANGE

2016-01658. Index No. 2109/13.

169 A.D.3d 878 (2019)

93 N.Y.S.3d 686

2019 NY Slip Op 01202

Harold Greenberg et al., Respondents, v. Privilege Underwriters Reciprocal Exchange, Appellant.

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

Decided February 20, 2019.


Ordered that the amended judgment is reversed, on the law, with costs, and the matter is remitted to the Supreme Court, Kings County, for a new trial.

The plaintiffs' home, located in the Bergen Beach area of Brooklyn, was damaged in late October 2012 during Hurricane Sandy. The plaintiffs' basement was flooded and, according to the plaintiffs, other areas of the home also sustained water damage. The plaintiffs' homeowners' insurance policy, issued by the defendant...

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