E. B. Metal & Rubber Industries, Inc. v. Federal Insurance

Appeals from an order of the Supreme Court at Special Term (Shea, J.), entered September 15, 1980 in Washington County, which granted the motion for summary judgment made by defendants Federal Insurance Company and Chubb & Son, Inc. On March 14,1977, E. B. Metal & Rubber Industries, Inc.’s buildings located at Whitehall, New York, were severely damaged when a dike constructed to restrain the waters of the Champlain Barge Canal and Wood Creek gave way and water inundated the property. The dike gave way at a point near a drainage pipe which ran beneath the dike. Plaintiffs contended that the…