Ginsberg v. New York Property Insurance Underwriting Ass'n

—Judgment, Supreme Court, New York County (Howard Miller, J.), entered April 27,1994, which, upon a jury verdict in favor of defendant, dismissed the complaint, unanimously affirmed, without costs.

In this action to recover under a wind insurance policy, the issue of whether coverage was excluded because the destruction of plaintiff’s summer home was proximately caused by a flood condition was for the jury to determine. Although the successive causation question in Album Realty Corp. v American Home Assur. Co. (80 NY2d 1008, rearg denied 81 NY2d 784) is distinguishable from the concurrent…