MAGNANO v. ALLEGANY CO-OP INS. CO.

391 CA 19-01333.

187 A.D.3d 1533 (2020)

132 N.Y.S.3d 196

2020 NY Slip Op 05339

Louis Michael Magnano, Appellant, v. Allegany Co-Op Insurance Company, Respondent, et al., Defendant.

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

Decided October 2, 2020.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated against defendant Allegany Co-Op Insurance Company.

Memorandum: Plaintiff commenced this action seeking damages for breach of a homeowner's insurance policy. In his complaint, plaintiff alleged that his home suffered extensive damage as a result of a water leak in the second floor master bathroom. Plaintiff had...

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