DE WITT PROPS. ASSOCS., INC. v. UNITED STATES FIRE INS. CO.


33 N.Y.2d 785 (1973)

De Witt Properties Associates, Inc. et al., Respondents, v. United States Fire Insurance Company, Appellant.

Court of Appeals of the State of New York.

Decided November 15, 1973.


Attorney(s) appearing for the Case

Gilbert Goldstein, Max J. Gwertzman and Lawrence Kovalsky for appellant.

Harry Salvan for respondent.

Chief Judge FULD and Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion.


Per Curiam.

Implicit in the decisions below is that a determination as to whether or not the city water system is part of the nursing home water system could be made on the submitted documents. This conclusion must, of necessity, have been predicated on the following language of the policy: "K. * * * Loss by water damage shall mean damage caused by the accidental discharge or leakage of water * * * from within a plumbing...

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