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FLATOW v. LUMBERMEN'S CAS. CO.

56 Misc.2d 618 (1968)

David Flatow et al., Plaintiffs, v. Lumbermen's Mutual Casualty Co., Defendant.

Civil Court of the City of New York, New York County, Trial Term.

April 23, 1968

Attorney(s) appearing for the Case

Leo Klein for plaintiffs. Benson & Morris (Charles Bakos of counsel), for defendant.

HAROLD BAER, J.

This is an action to recover the value of merchandise allegedly stolen from plaintiffs' car while parked and unattended. Defendant issued a homeowner's policy to plaintiffs which provided theft coverage "away from the premises".

However, the policy excludes coverage for theft "of property left unattended in any private motor vehicle on a public way * * * unless the loss be the result...

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