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Irv-Bob Formal Wear, Inc. v. Public Sevice Mutual Insurance

86 Misc. 1006 Court Supreme Court, Appellate Term, Second Department, Decision date 1976-04-27 English

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p. 1006
Irv-Bob Formal Wear, Inc., Respondent, v Public Service Mutual Insurance Co., Appellant.
Supreme Court, Appellate Term, Second Department,
April 27, 1976
Gwertzman, Nagelberg & Pfeifer (Max J. Gwertzman of counsel), for appellant. Loecher Solomon & Zukerman (Murray M. Loecher of counsel), for respondent.

Memorandum. Judgment of the court below (see 81 Mise 2d 422) is affirmed, with $25 costs.

The determination that the merchandise was stolen from plaintiffs vehicle while in transit and therefore within the coverage of the policy issued by defendant, is supported by the evidence. Moreover, the wholesale price established by the expert testimony of plaintiffs president was sufficient, under the circumstances, to adequately establish the price of the tuxedos which were stolen. (See NY Law of Damages, §§ 185, 196, 197.)

Concur: Schwartzwald, P. J., Pino and Rinaldi, JJ.