MULLE v. LEXINGTON INS. CO.

2018-06834. Index No. 704882/13.

198 A.D.3d 908 (2021)

157 N.Y.S.3d 29

2021 NY Slip Op 05707

Joseph Mulle et al., Appellants, v. Lexington Insurance Company, Respondent.

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

Decided October 20, 2021.


Attorney(s) appearing for the Case

Michael J. Strenk , Commack, NY, for appellants.

Mound Cotton Wollan & Greengrass LLP, New York, NY ( Costantino P. Suriano and Robert S. Goodman of counsel), for respondent.

Rivera, J.P., Austin, Connolly and Ford, JJ., concur.


Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant's motion for summary judgment dismissing so much of the complaint as sought to recover under the insurance policy for damages caused by the oil spill, and substituting therefor a provision denying the motion; as so modified, the order is affirmed, without costs or disbursements.

The defendant issued the plaintiffs a homeowner's insurance policy insuring the plaintiffs...

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