Pichel v. Dryden Mutual Insurance

OPINION OF THE COURT

Phillip R. Rumsey, J.

Plaintiff commenced this action seeking judgment that defendant is obligated to compensate him for damage sustained when waste water flooded basement apartments he owns that were insured by defendant. He now moves for partial summary judgment on the issue of liability and defendant cross-moves for summary judgment dismissing the complaint.

The following facts are undisputed. Plaintiff owns an apartment complex located at 134 Graham Road in the Village of Lansing (the property), comprised of four buildings that each contain 18 apartments. From November…