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PIONEER TOWER OWNERS ASSOCIATION v. STATE FARM & CASUALTY COMPANY

12 N.Y.3d 302 (2009)

PIONEER TOWER OWNERS ASSOCIATION, Respondent, v. STATE FARM FIRE & CASUALTY COMPANY et al., Appellants.

Court of Appeals of New York.

Decided April 30, 2009.

Attorney(s) appearing for the Case

Rivkin Radler LLP, Uniondale (Stuart M. Bodoff, Evan H. Krinick, Cheryl F. Korman and Michael A. Troisi of counsel), for appellants.

Kushnick & Associates, P.C., Melville (Lawrence A. Kushnick, Vincent T. Pallaci and Craig H. Handler of counsel), for respondent.

LHB Pacific Law Partners, LLP, Emeryville, California (Clarke B. Holland and Lisa L. Kirk of counsel), and Pastel & Rosen, LLP, Albany (Robert S. Pastel of counsel), for New York Insurance Association, Inc., and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

Plaintiff seeks recovery under an insurance policy for damage to its building that resulted from an excavation on an adjacent lot. We hold that policy exclusions for "earth movement" and "settling [or] cracking" did not unambiguously remove this event from the policy's coverage.

I

Plaintiff is the owner of a condominium apartment building. After cracks began...

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