Budd Looms, Inc. v. American Casualty Co. — 37 N.Y.2d 738

Majority

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Budd Looms, Inc., Appellant, v American Casualty Company of Reading, Pa., Respondent. (And Third- and Fourth-Party Actions.)

Argued June 11, 1975;

decided June 26, 1975

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Mark E. Abrams, Henry H Abrams, Alan Jay Martin and Florence D. Horowitz for appellant.

Ernest E. Rosenberg and Seymour J. Ugelow for respondent.

Memorandum. Although this is an "all risk” policy there was a specific exclusion relating to damages caused by, or resulting from surface water. Nevertheless, on this record, the

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Appellate Division properly granted summary judgment to the defendant (see memorandum at the Appellate Division).

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur.

Order affirmed, with costs, in a memorandum.