Federal Insurance v. Capiz Shell Industries, Inc.

OPINION OF THE COURT

Martin Evans, J.

In this declaratory judgment action, the parties have agreed to submit the dispute upon a stipulation of agreed facts.

In May 1981, plaintiff was doing business on the 16th floor at 44-50 West 23rd Street, in New York City.

It vacated those premises on June 22, 1981, and moved to 1021 Grant Boulevard, which is in Deer Park, Long Island.

*904Sometime between July 9 and July 13, 1981 water poured from some part of the building in which Capiz had previously been a tenant, and damaged property belonging to Inner World, Inc., a company which had its place of business…