NATIONAL LIABILITY & FIRE INSURANCE COMPANY, Plaintiff — Counter-Defendant — Appellant, v. AARON ITZKOWITZ, BENJAMIN ITZKOWITZ, MAYER ITZKOWITZ, YEHUDA ITZKOWITZ, JOSEPH ITZKOWITZ, infants by their Mother and Natural Guardian, Sheron Itzkowitz, and SHERON ITZKOWITZ, individually, Defendants — Counter-Claimants — Appellees, ASHER COMPTON, MOSHE COMPTON, ADINA COMPTON, infants by their Mother and Natural Guardian, Bleeme Compton, and BLEEME COMPTON, individually, AVROHOM HERSHKOWITZ, an infant by his Father and Natural Guardian, Yosef Hershkowitz, and YOSEF HERSHKOWITZ, individually, THE NEW YORK STATE THRUWAY AUTHORITY CORPORATION, VILLAGER CONSTRUCTION, INCORPORATED, MAX ITZKOWITZ, YOSEF D. COMPTON, MADISON TITLE AGENCY, LLC, Defendants — Appellees, AMY LYNN SIMON, DBA Stoney Ridge Top Soil, AMY L. SIMON-HOEY, JOHN S. HOEY, Defendants.*Link to the text of the note, 2015 U.S. App. LEXIS 16763


Summary

HOLDINGS: [1]-Pursuant to New York's unfortunate event test, three separate accidents occurred for purposes of plaintiff insurer's policy. A dump truck's damage to an overpass was not temporally or spatially proximate to the first vehicle's collision with the dump box, which separated from the truck, and the events were part of distinct causal chains. Additionally, even though there was spatial proximity between the second and third incidents, they too were distinct accidents, both because the second incident (the collision with the dump box) did not play a role in causing the third and because the relative timing between the two incidents played no role in the third incident's occurrence.