New York Supreme Court June 4, 1982 (Barash v. Insurance Co. of North America)

OPINION OF THE COURT

Albert A. Oppido, J.

This controversy is submitted on an agreed statement of facts, pursuant to CPLR 3222. Plaintiffs brought this action to recover under a homeowner’s insurance policy for damage caused when the basement floor of their house collapsed into a void. The issue for determination is whether the loss falls within the exclusionary provisions of the policy.