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PERROTTA v. EMPIRE MUT. INS. CO.

62 Misc.2d 925 (1970)

Dominic T. Perrotta, Respondent, v. Empire Mutual Insurance Company, Appellant.

Supreme Court, Appellate Term, Second Department.

February 4, 1970

Attorney(s) appearing for the Case

Philip Hoffer, Rose L. Hoffer, Peter T. Affatato and Raymond J. MacDonnell for appellant. Charles J. D'Arrigo and Howard Newman for respondent.

Concur — MARGETT, P. J., RINALDI and CONE, JJ.

Per Curiam.

The finding of the trial court that plaintiff was an innocent purchaser for value of a stolen automobile is not questioned by defendant on this appeal. In the light of such finding, it is our opinion that plaintiff had an insurable interest in the automobile at the time it was stolen from him (Skaff v. United States Fid. & Guar. Co., 215 So.2d 35 [Fla.]; Barnett v. London Assur. Corp., 138 Wn...

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