29 NY3d 1095
NY
2017

Papa v Associated Indem. Corp.

2017 NY Slip Op 05122 [29 NY3d 1095]

Court of Appeals

June 22, 2017

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2017

Ronald J. Papa et al., Doing Business as Muir Lake Associates, Appellants,
v
Associated Indemnity Corporation et al., Respondents.

Decided June 22, 2017

Papa v Associated Indem. Corp., 147 AD3d 1558, affirmed.

APPEARANCES OF COUNSEL

Duke, Holzman, Photiadis & Gresens LLP, Buffalo (Elizabeth A. Kraengel of counsel), for appellants.

Hurwitz & Fine, P.C., Buffalo (Steven E. Peiper and Jennifer J. Phillips of counsel), for respondent Associated Indemnity Corporation.

Rupp, Baase, Pfalzgraf & Cunningham LLC, Buffalo (Sean W. Costello of counsel), for respondent D&D Power, Inc.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs. The Appellate Division properly concluded that the insurance policy‘s water damage exclusion and endorsement apply under these circumstances.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson. Taking no part: Judge Feinman.