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BENNETT v. STATE FARM FIRE & CASUALTY COMPANY

2020-06044. Index Nos. 10385/13, 385/14, 602582/14.

198 A.D.3d 857 (2021)

156 N.Y.S.3d 92

2021 NY Slip Op 05686

Richard Bennett et al., Plaintiffs, v. State Farm Fire and Casualty Company et al., Defendants. (Action No. 1.) State Farm Fire and Casualty Company et al., Plaintiffs, v. Creative Landscaping by Cow Bay, Inc., et al., Defendants. (Action No. 2.) Richard Bennett et al., Respondents, v. State Farm Fire and Casualty Company et al., Appellants, and Milro Associates, Inc., Respondent. (Action No. 3.)

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

Decided October 20, 2021.

Attorney(s) appearing for the Case

Rivkin Radler, LLP, Uniondale, NY ( Cheryl F. Korman , Michael A. Troisi , Paul V. Majkowski , and Henry Mascia of counsel), for appellant State Farm Fire and Casualty Company.

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

Edward J. Boyle , Manhasset, NY, for plaintiffs-respondents.

Rivera, J.P., Miller, Genovesi and Ford, JJ. concur.

Ordered that the order is affirmed, with one bill of costs to the plaintiffs in Action No. 3 payable by the defendants State Farm Fire and Casualty Company and Holzmacher, McLendon and Murrell, P.C.

These related actions arise from an oil contamination incident that occurred in May 2011 on property owned by Richard Bennett and Mary Wendell Bennett (hereinafter together the plaintiffs). At the time of the incident, the plaintiffs had an insurance policy with State...

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