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MAZZOCKI v. STATE FARM FIRE & CASUALTY COMPANY

1 A.D.3d 9 (2003)

766 N.Y.S.2d 719

DONALD MAZZOCKI et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v. STATE FARM FIRE & CASUALTY COMPANY, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 30, 2003.

Attorney(s) appearing for the Case

White & Case L.L.P., New York City (Richard G. Liskov of counsel), for appellant.

Wilkofsky, Friedman, Karel & Cummins, New York City (Mark L. Friedman of counsel), for Donald Mazzocki, respondent.

Duke, Holzman, Yaeger & Photiadis L.L.P., Buffalo (Charles C. Ritter, Jr. of counsel), for John F. Lupiani and another, respondents.

CREW III, J.P., SPAIN, CARPINELLO and KANE, JJ., concur.

OPINION OF THE COURT

ROSE, J.

Plaintiffs sustained storm damage to buildings on their respective properties and filed claims for the actual cash value of the damage under homeowner's insurance policies issued by defendant. When defendant excluded the profit and overhead expenses of a general contractor in calculating the actual cash value, plaintiffs commenced this class action alleging that defendant breached the...

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