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COHEN v. TRI-STATE CONSUMER INS. CO.

2018-02526, Index No. 601039/17.

175 A.D.3d 1241 (2019)

105 N.Y.S.3d 905

2019 NY Slip Op 06470

Craig Cohen et al., Respondents, v. Tri-State Consumer Insurance Company, Appellant.

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

Decided September 11, 2019.

Attorney(s) appearing for the Case

Kaufman, Dolowich & Voluck, LLP (Thomas Torto, New York, NY, of counsel), for appellant.

Greenblatt & Agulnick, P.C., Great Neck, NY (Scott E. Agulnick of counsel), for respondents.

Mastro, J.P., Dillon, Brathwaite Nelson and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

After the plaintiffs' home sustained water damage as a result of overflow from a clogged toilet, the plaintiffs filed a claim with the defendant under a homeowner's insurance policy. The defendant disclaimed coverage based on an exclusion in the subject insurance policy for "water which backs up through sewers or drains." The plaintiffs commenced this action alleging breach of the insurance policy. After issue was joined...

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