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PLAKOSH v. LEVY

58 Misc.2d 181 (1968)

George Plakosh, Jr., Plaintiff, v. Herbert Levy, Doing Business as Herbert Ins. Co., Defendant.

District Court of Nassau County, Fourth District.

November 7, 1968

Attorney(s) appearing for the Case

George Plakosh, Jr., plaintiff in person. Daly & Tedeschi for defendant.

FRANCIS J. DONOVAN, J.

This is a small claim proceeding wherein claimant seeks to recover the replacement cost of a collapsed cesspool attached to his house.

The defendant, the insurer on a so-called "Home Owners Policy", admits coverage but contends that its liability is limited to replacement less depreciation. The replacement cost, $300, is not in dispute. Defendant contends that depreciation of ...

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