525 Fulton Street Holding Corp. v. Mission National Insurance

—Order, Supreme Court, New York County (Herman Cahn, J.), entered April 17, 1996, which, in a proceeding to recover for water damage under an all-risk insurance policy, denied plaintiff insured’s motion to reject the Referee’s report recommending denial of plaintiff’s claim, and granted defendant Liquidator’s cross motion to confirm the report, unanimously affirmed, with costs.

The Referee correctly held that the burden is on plaintiff to prove that the water damage it sustained was caused by a “fortuitous” event within the meaning of the policy, and not on *244defendant to prove the contrary…