| Papa v Associated Indem. Corp. |
| 2017 NY Slip Op 05122 [29 NY3d 1095] |
| June 22, 2017 |
| Court of Appeals |
| 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.
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.
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.