Baluk v. New York Central Mutual Fire Insurance

Appeal from an order of the Supreme Court, Oneida County (David A. Murad, J.), entered December 24, 2012. The order granted the motion of defendant to dismiss the complaint and denied the cross motion of plaintiffs for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action alleging that defendant breached its obligations under their homeowner’s policy when it failed to reimburse them fully for sums they expended to repair or replace damage to their residence resulting from “puff-back” from their…