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VAN DER VELDE v. NEW YORK PROP. UNDERWRITING ASSN.

2019-11557. Index No. 700014/19.

205 A.D.3d 970 (2022)

169 N.Y.S.3d 114

2022 NY Slip Op 03272

Davied Zvi Van Der Velde, Appellant, v. New York Property Underwriting Association, Respondent.

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

Decided May 18, 2022.

Attorney(s) appearing for the Case

McDonnell Adels & Klestzick, PLLC, Garden City, NY ( Michael J. Giordano of counsel), for appellant.

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

Iannacci, J.P., Miller, Zayas and Dowling, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for breach of a homeowner's insurance policy (hereinafter the policy) and for related relief. The complaint alleged that the defendant issued the policy which insured the plaintiff against loss or damage to the covered premises, and that pipes froze and caused damage in the covered premises while the policy was in full force and effect. The...

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