SCHLESINGER v. HARLEYSVILLE WORCESTER INSURANCE COMPANY


41 A.D.3d 692 (2007)

838 N.Y.S.2d 611

PEARL SCHLESINGER et al., Appellants, v. HARLEYSVILLE WORCESTER INSURANCE COMPANY, Respondent.

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

Decided June 19, 2007.


Ordered that the order dated April 4, 2006 is affirmed, with costs.

In September 2003 a building owned by the plaintiffs sustained damage, including cracking and settlement, due to a loss of foundational soil support. The loss of soil support resulted from excavation performed on the adjoining property in preparation for the construction of a new building. The defendant insurance company denied coverage and, in March 2004 the plaintiffs commenced this action to recover...

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