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BRICE v. STATE FARM FIRE AND CAS. CO.

No. 10 Civ. 614(PGG).

761 F.Supp.2d 96 (2010)

Richard A. BRICE, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. State Farm Fire and Casualty Company, Third-Party Plaintiff, v. Argyle Development II LLC and AB DesignBuild, Third-Party Defendants.

United States District Court, S.D. New York.

December 30, 2010.

Attorney(s) appearing for the Case

Jeffrey Adam Sunshine, Jeffrey A. Sunshine, Esq., Lake Success, NY, for Plaintiff.

Douglas E. Fleming, III, Sheila L. Birnbaum, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY, for Defendant/Third-Party Plaintiff.

Michael Lawrence Edelman, Malapero & Prisco LLP, New York, NY, Gloria B. Cherry, Braff, Harris & Sukoneck, Livingston, NY, Third-Party Defendants.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge:

This is an insurance coverage dispute. Plaintiff Richard Brice alleges that Defendant State Farm Fire and Casualty Company ("State Farm") improperly refused to compensate him, under his homeowner's policy, for damage to his property caused by excavation and construction on an adjacent property. While State Farm provided coverage for losses caused by vibration stemming from the work on...

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