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BENNETT v. STATE FARM FIRE & CAS. CO.

2019-07857. Index No. 602582/14.

189 A.D.3d 749 (2020)

137 N.Y.S.3d 120

2020 NY Slip Op 07155

Richard Bennett et al., Appellants, v. State Farm Fire and Casualty Company et al., Respondents. (And Related Actions.)

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

Decided December 2, 2020.

Attorney(s) appearing for the Case

Edward J. Boyle , Manhasset, NY, for appellants.

Rivkin Radler LLP, Uniondale, NY ( Cheryl F. Korman and Merril S. Biscone of counsel), for respondent State Farm Fire and Casualty Company.

L'Abbate, Balkan, Colavita & Contini, LLP, Garden City, NY ( Keith J. Stevens of counsel), for respondent Holzmacher, McLendon and Murrell, P.C.

Pillinger Miller Tarallo, Elmsford, NY ( Patrice M. Coleman of counsel), for respondent Milro Associates, Inc.

Austin, J.P., Miller, Maltese and Connolly, JJ., concur.

Ordered that the order is affirmed, with one bill of costs.

This action is one of three arising from an oil contamination incident that occurred at the property of the plaintiff Richard Bennett and Mary Wendell Bennett (hereinafter together the Bennetts), in May 2011. This action was commenced against the defendants State Farm Fire and Casualty Company (hereinafter State Farm), Holzmacher, McLendon and Murrell, P.C. (hereinafter H2M), and Milro Associates, Inc. (hereinafter...

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